2174-99-ES Hiro Hayashi, Applicant v. Manley Steels Limited and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 42 003193
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 11, 2000
1This is a request for reconsideration by the applicant of the Board’s decision dated May 4, 2000. The grounds for this request are set out in Form A-49 dated May 19, 2000.
2The Board’s practice and policy regarding the granting of a reconsideration can be characterized as falling into two general camps. First, the Board will not grant a reconsideration generally unless a party shows that it can adduce new evidence which was not previously obtainable by reasonable diligence and that evidence would, if adduced, be practically conclusive. Or, the Board will not grant a reconsideration unless the party requesting it can satisfy the Board that it had no opportunity to raise those representations or objections previously.
3All of the submissions raised in the reconsideration request were either raised during the hearing or could have been raised.
DISPOSITION
4Having reviewed the applicant’s submissions the Board is not persuaded to reconsider its decision of May 4, 2000. This application for reconsideration is hereby denied
“Inge M. Stamp”
for the Board