0436-97-ES A. G. Dragone, E. Cowan, R. T. MacTaggart, E. R. Davis, Directors of Sound Health Centres Inc., Sound Health Care Inc. and Sound Linked Data Inc., Applicant v. Ruth Beach, Hilary Bradburn, Vito Brandolini, Elizabeth Daniels, Edna Divers, Adriana Galvis Pineda, Drew Fera, Penny Gosselin, Dorothy Hubbell, Evangeline Jeffery, Lynn Johnson, Joan Klepadlo, William McMartin, Sophie Oswald, James Pratt, Philip Pratt, Richard Stack, Peggy Tarrant, Jim Tufford, Colleen Wells, Verna Whytock, Joan Wright, Susan Bono, Hallie Chase, Janice Johnstone, Lorrie Ketcheson, Robert J. Oswald, Simon Clery and Ministry of Labour, Responding Parties.
BEFORE: Bram Herlich, Adjudicator/Referee.
APPEARANCES: No one appeared on behalf of the applicants; No one appeared on behalf of the responding parties affected employees; Jeremy Warning apeared on behalf of the Ministry of Labour.
DECISION: October 11, 2001
1This is an appeal by directors pursuant to section 58.22(2) of the Employment Standards Act, (the “Act”) as it was at the time of the filing. This matter is of considerable vintage – it was filed in April of 1997.
2In the most recent prior decision in this matter (dated September 22, 2000) I directed that it be adjourned sine die.
3By submisson dated September 17, 2001, the Ministry requested that the matter be re-listed for hearing.
4Hearing notices were sent to the parties. Unfortunately, for reasons for which this Board must accept some “credit”, it appears that the applicants received extremely short notice of the scheduled hearing.
5A number of the applicants’ wrote to the Board on the eve of the hearing, essentially advising that they had only just been advised of the hearing and that they would be unable to attend, requesting that the matter be rescheduled.
6When the hearing convened the only person in attendance was counsel for the Ministry.
7In the circumstances, and despite the fact that the applicants’ flailure to attend might otherwise have led to the dismissal of their appeal, counsel for the Ministry graciously agreed to treat the correspondence of some of the applicants as a request of an adjournment which he did not oppose.
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8Accordingly, the hearing was adjourned.
9The matter will now be heard on November 23, 2001 comemncing at 9:30 a.m. in the “Boardroom”, 505 University Avenue, 2nd Floor, Toronto, Ontario.
10I am seized.
“Bram Herlich”
Adjudicator/Referee
This decision is issued under the administrative auspices of the Ontario Labour Relations Board, 505 University Avenue, 2nd. Floor, Toronto, Ontairo, M5G 2P1