Ronald Falk, Applicant v. Ready Bake Foods Inc. and Ministry of Labour, Responding Parties.
File No.: 3402-99-ES Employment Practices Branch File No.: 43-001596
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; September 21, 2000
1This is a request for an adjournment by the responding party in an employment standards matter (employee appeal) scheduled for October 13, 2000.
2The Board sets dates for hearing in these matters without consulting the parties. These matters should proceed without delay and generally the Board will not adjourn a hearing without consent of the parties.
3The reason for the adjournment request is that a witness, Mr. Alan Campbell, the supervisor of the applicant at the time of termination, has a scheduled vacation overseas. The applicant opposes the request on the basis that the matter has been outstanding since his termination on December 1999 and that it is difficult for him to re-arrange a hearing date.
4Counsel for the responding party requested the adjournment without delay once she learned of the date and is agreeable to an early re-scheduling of the hearing.
5In these circumstances the responding party’s request is reasonable and an early date for a re-scheduled hearing should meet the concerns of both parties.
6The applicant can chose either:
a) to begin the hearing on October 13, 2000 as scheduled in the absence of Mr. Campbell. He will not be required to testify on that date and the matter will be re-scheduled for a second day of hearing in the future. The matter will be adjourned at the point at which Mr. Campbell would be called to testify;
b) to have the case re-scheduled on one of the following dates:
October 27, November 2, or November 3, 2000.
7The applicant is directed to advise the Registrar in writing of his choice no later than Tuesday, September 26, 2000. In the event that the applicant does not advise the Registrar of his choice, the matter shall be re-scheduled by the Registrar for one of the days listed in 6 (b) above.
8I am seized with respect to the scheduling issue referred to herein.
“Marilyn Silverman”
for the Board