Vonica Daley, operating as Vonica’s Unisex Salon & Barber v. Bolatito Ogunleye, Harley Warszawski, Employment Standards Officer and Ministry of Labour
1042-00-ES Vonica Daley, operating as Vonica’s Unisex Salon & Barber, Applicant v. Bolatito Ogunleye, Harley Warszawski, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011006
BEFORE: Harry Freedman, Vice‑Chair.
APPEARANCES: Winston G. Mattis for Vonica Daley Unisex Salon & Barber; no one appearing for Bolatito Ogunleye; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; November 30, 2000
1This is an application for review under section 68 of the Employment Standards Act, R. S. O. 1990, c. E. 14, as amended (the “Act”) of Order to Pay No. 54115 (the “Order”) dated May 17, 2000 issued by Employment Standards Officer Harley Warszawski. This matter came before me for hearing on November 30, 2000.
2The Notice of Hearing in this matter was dated November 3, 2000. Bolatito Ogunleye, the employee affected by the Order wrote to the Registrar by undated letter mailed by registered mail on November 8, 2000 seeking an adjournment of the scheduled hearing. The letter stated that Ms. Ogunleye, due to unforeseen circumstances, would not be able to attend the hearing on November 30, 2000 because she will be out of Canada from November 10th until December 28, 2000. The Registrar contacted the applicant and was advised that the applicant did not agree to Ms. Ogunleye’s request for an adjournment.
3At the commencement of the hearing, after reviewing Ms. Ogunleye’s letter and request with counsel for the applicant, counsel advised that the applicant was taking no position with respect to the adjournment requested. Counsel for the Ministry of Labour consented to the adjournment.
Disposition
4Therefore, having regard to the consent of the Ministry of Labour and as there is no objection to the adjournment, the Board adjourned the hearing to a date after January 31, 2001 (as counsel for the applicant advised that his entire January is fully scheduled) to be fixed by the Registrar in consultation with counsel for the applicant.
5Counsel for the applicant also indicated that it might be useful to have a Labour Relations Officer meet with the parties again in an attempt to effect a settlement. Therefore, this matter is referred to the Registrar to fix a hearing date in accordance with paragraph 4 above and to have a Labour Relations Officer assigned to meet with the parties in order to endeavour to effect a settlement.
6This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board