A. A. Waters & Brooks v. Farzin Lachini et al. and Ministry of Labour
File No.: 3225-99-ES Employment Practices Branch File No.: 41008505 Before: Mary Ellen Cummings, Alternate Chair. Decision of the Board: October 11, 2000
1This is an application by an employer for review of an Officer's decision to issue an Order to Pay.
2The employer is requesting an adjournment because the date that was scheduled by the Board is not convenient to the employer's witnesses because of prior business commitments. Counsel for the Ministry of Labour consents to the adjournment.
3The employer sent a letter to the employees, on October 5, 2000, requesting their consent. The Board has serious concerns about the content of that letter. No doubt the Board will address that issue when the hearing convenes.
4The employer has not provided satisfactory reasons to grant the adjournment. The Board does not adjourn matters because the hearing dates are inconvenient to witnesses, parties or their counsel. The employer should attend the hearing, as scheduled on October 13, 2000, prepared to present all of its evidence and arguments. The employer should not assume that the Board will agree to continue the matter on another day to suit the employer or its witnesses.
5Employees who received Notice of Hearing should also attend if they wish to participate and should not assume that any other party will represent their interests.
"Mary Ellen Cummings"
for the Board