Ontario Labour Relations Board
0943-99-ES 995382 Ontario Ltd. Just Catering, Applicant v. Nevena Malivuk and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41007442
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; December 11, 2000
1. Further to the Board’s decision of December 1, 2000 in this matter, the Board has now received the following communication from the responding party employee objecting to the requested adjournment. She writes:
I received you letter on November 30, 2000 asking to postpone hearing date rescheduled for December 14, 2000. I do feel for you and difficulties that you might face in your situation and I do wish you luck and hope everything will be fine for you and your family. However I would like to keep hearing as scheduled for December 14, 2000. To be able to attend this hearing (you know that this case is going on for more than two years and you postponed it twice so far and this is third time), I had to cancel my trip to Europe to see my mom that I haven’t seen for years.
I hope you can make different arrangement so we could finish hearing scheduled for December 14, 2000.
2. I can appreciate the responding party employee’s disappointment at the prospect of further delay. However, her characterization of events to date is not entirely accurate. It is also not clear how or why she had to cancel a trip when the December hearing date was set in September.
3. In any event, it appears that there is no challenge or dispute as to the reasons for which the applicant seeks the adjournment.
4. In those circumstances, I am prepared to grant the adjournment. However, it is also necessary that this matter be heard without any further adjournments.
5. Thus, the Registrar is hereby directed to list the matter for hearing. Once the parties are advised of the new hearing date they will have one week to advise the Board if the scheduled date presents any difficulties.
6. Once the hearing date is set, the Board’s expectation is that the matter will proceed and no further requests for contested adjournments will be granted absent the most dire or exceptional circumstances.
“Bram Herlich”
for the Board