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; September 18, 2000
1This matter originally came on for hearing before me on April 11, 2000. At that time, the parties agreed to adjourn the hearing and the Ministry indicated that, subject to certain information to be provided to it by the applicant, it might alter its position of opposition to the application.
2By letter dated May 8, 2000, the requested that the matter be relisted for hearing.
3A hearing was scheduled for September 12, 2000.
4By letter dated September 9, 2000 the applicant requested that the matter be adjourned for medical reasons.
5The Board will generally grant adjournment requests where all of the parties consent.
6I am advised that the Registrar’s office attempted to contact Ministry counsel of record in this matter but was advised that counsel had changed and was referred to a different Ministry representative who indicated that the Ministry had no objection to the adjournment request.
7In the course of these communications, I am advised that it also became clear that the affected employee had not received proper notice of the rescheduled hearing. It appears that the Ministry or the applicant have now provided a new address for the affected employee.
8In those circumstances, rather than denying the applicant’s adjournment request and facing the possible need to then adjourn the hearing once it actually commenced, and in view of the Ministry’s indication that it was not opposing the request, I granted the adjournment.
9The matter will now be heard on Thursday, December 14, 2000 commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue.
“Bram Herlich”
for the Board