G.I.T. Security, Monitoring & Communications Ltd. v. Jerry Castonguay and Ministry of Labour, 2000 CanLII 13597

G.I.T. Security, Monitoring & Communications Ltd. v. Jerry Castonguay and Ministry of Labour

3164-99-ES G.I.T. Security, Monitoring & Communications Ltd., Applicant v. Jerry Castonguay and Ministry of Labour, Responding Party.

Employment Practices Branch File No. 42 003211

BEFORE: Inge M. Stamp, Vice-Chair.

APPEARANCES: No one appearing for the applicant; Jerry Castonguay on his own behalf; Alicia Gordon-Fagan for the Ministry of Labour.

DECISION OF THE BOARD; September 22, 2000

[1]. This is an application under section 68 of the Employment Standards Act, (the “Act”) for review of Order to Pay No. 58802 dated December 9, 1999 issued by Employment Standards Officer Terry McKever. The application was scheduled for hearing on Thursday, September 21, 2000 to commence at 9:30 a.m.

[2]. The Board (differently constituted) refused the applicant’s request for an adjournment stating:

1. The Board has received a request for an adjournment from the applicant, which was delivered by facsimile copier to the Board’s offices on September 20, 2000 at 12:58 p.m. The hearing is set for tomorrow, September 21, 2000. The applicant does not state that it has the consent of the employee responding party nor of the Ministry of Labour. The reason for the request is not particularly compelling.

2. More importantly, the applicant does not suggest that it has even attempted to contact the employee responding party with respect to its request. The Board’s file does not disclose a telephone number or facsimile copier number for the employee. Thus it is a certainty that no decision about this request to adjourn the hearing could possibly be communicated to the responding party before the commencement of the hearing tomorrow.

3. The Board declines the request of the applicant to adjourn the hearing set for September 21, 2000. It will commence at 9:30 a.m. in the Board Room, 2nd floor, 505 University Avenue, Toronto. If the applicant does not appear the Board may dismiss the application.

[3]. On the morning of September 21, 2000 the Board waited its customary half hour before proceeding. The Ministry of Labour and Jerry Castonguay advised the Board that they opposed any adjournment request. Mr. Castonguay further advised the Board that there had been several meetings scheduled with the Board’s Labour Relations Officer where no one from the employer attended.

[4]. The applicant employer was put on notice that this application may be dismissed if no one appears at the hearing. In the circumstances this application for review is dismissed.