Ontario Labour Relations Board
3854-00-ES Ralph G. Tannis, Applicant v. Ahmed “Rush” Rashid and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 20034356
BEFORE: Pamela A. Chapman, Vice-Chair.
APPEARANCES: Ralph Tannis on his own behalf; Ahmed Rashid on his own behalf; Karima Chatur on behalf of the Ministry of Labour.
DECISION OF THE BOARD; October 4, 2001
Decision
1This is an application for review of the decision of an Employment Standards Officer, pursuant to section 68 of the Employment Standards Act as amended by the Economic Development and Workplace Democracy Act, 1998, S.O. 1998, c.8 (“the ESA”).
2At the hearing held in this matter on September 24, 2001, the applicant renewed his request that the proceedings be adjourned due to a sudden change in counsel and corresponding lack of time to prepare appropriately for the hearing. This request had been refused by decision dated September 21, 2001, after the applicant failed to reach the employee to obtain his consent, the Ministry taking no position on the request.
3After significant discussion concerning the issues in dispute in this matter and the evidence that will be required in order to resolve them, the responding party employee indicated that he would be prepared to agree to an adjournment contingent on the applicant paying his costs of the day, and an early hearing date being obtained. The applicant agreed to pay costs to the responding party employee in the amount of $150.00, and on that basis the hearing was adjourned.
4The hearing will continue on Monday, October 15, 2001, at the Human Rights Tribunal, 4th Floor, 473 Albert Street, Ottawa, beginning at 9:30 a.m..
5In order to ensure that no further delay is encountered, and to facilitate an orderly proceeding, the applicant is directed to provide copies of all documents on which he intends to rely to the Board, counsel to the Ministry of Labour, and the responding party Ahmed Rashid, by October 9, 2001.
6No further adjournments will be granted in order to give the applicant additional time to prepare to present his case, or to facilitate the attendance of a representative, so the applicant should attend on the next hearing day fully prepared to proceed.
“Pamela A. Chapman”
for the Board