2365-96-ES All Employees Represented by the Toronto Enforcement Advocacy Model for Employment Standards (TEAMES), Applicant v. Filet of Sole Sea Grill Limited O/A Fred’s Not Here Steakhouse & Grill Filet of Sole The Red Tomato Restaurant, The Whistling Oyster Seafood Cafe and Ministry of Labour, Responding Parties.
BEFORE: Laura Trachuk, Adjudicator/Referee.
DECISION: July 26, 2001
TEAMES/Parkdale has asked to add another claimant to the list of those it represents in this matter. After considering the parties’ submissions I have decided not to permit TEAMES/Parkdale to add another claimant. This application was filed years ago. It has taken many months longer than expected to reach this point in the exercise of organizing this into a request for review which could be the subject of adjudication. The deadline by which Parkdale was to advise of the names of the individuals it represents is long past. The responding parties have been directed to produce documents on a number of occasions and they have therefore been put to the expense and inconvenience of finding and searching old records. If another claimant were to be added they would have to go back and do the same searches again. In these circumstances the Adjudicator/ Referee does not consider it appropriate to allow TEAMES/ Parkdale to add another name to its list.
In my decision of December 6, 2000 I advised that a Labour Relations Officer would be appointed to try to settle this matter once the names of the claimants and the particulars had been provided. As that point has almost been reached Labour Relations Officer Joan Shirlow has been assigned to meet with the parties. Ms. Shirlow will report to me by August 31, 2001. In the event that she is unable to effect a settlement this matter will be set down for hearing
“Laura Trachuk”
Adjudicator/Referee