Celestino Vargas-Garcia and Yolanda Mino v. Nik’s Janitorial Services Inc. and Ministry of Labour
0524-00-ES Celestino Vargas-Garcia and Yolanda Mino, Applicants v. Nik’s Janitorial Services Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32004735
BEFORE: M. A. Nairn, Vice‑Chair.
DECISION OF THE BOARD; October 12, 2000
1This is an application for review brought pursuant to section 67 of the Employment Standards Act (the “ESA”). It is an appeal by employees for unpaid wages. The hearing is scheduled for October 13, 2000.
2By letter dated October 9, 2000 the representative of the responding employer requested an adjournment of the hearing date due to unforeseen personal scheduling problems. No details were provided. In any event, the Board requires any party asking for an adjournment to seek the consent of the other parties. By letter dated October 11, 2000 the applicants indicated that they are not prepared to consent to an adjournment as they have made arrangements for witnesses and interpreters to be in attendance on October 13, 2000. The responding employer renewed its request for an adjournment by letter dated October 11, 2000, on medical grounds. No details are provided. The letter also takes issue with the attendance of the applicants at a settlement meeting.
3First of all I note that this matter is scheduled for hearing on October 13, 2000, not simply a meeting. There is a qualitative difference between the scheduling of a settlement meeting and the scheduling of the Board’s adjudicative resources. This matter has been scheduled in order to deal with, among any outstanding issues, issues arising out of a settlement entered into by the parties which has allegedly not been complied with by the employer. The employer provides no details supporting its request for the adjournment. In the least, such details would need to include documentation from an attending physician supporting the need to adjourn the proceedings. The applicants have made arrangements for interpreters and witnesses.
4On the basis of the material before me, I deny the request for an adjournment of the hearing on October 13, 2000. The matter will proceed as scheduled.
“M. A. Nairn”
for the Board