Dalbir Tiwana v. Resnick & Company and Ministry of Labour
File No.: 1808-00-ES / Employment Practices Branch File No. 41008774 Date: April 12, 2001 Ontario Labour Relations Board
Before: Laura Trachuk, Vice-Chair
Appearances: No one appearing for the applicant; Randall D. Telford and A. Resnick for Resnick & Company; Deanna Exner for Ministry of Labour.
Decision of the Board
1This is an application for review of a decision by an Employment Standards Officer directing Resnick & Company to reinstate the applicant. The applicant objects to the decision as it required her to return to work on a date on which the Officer knew she was unavailable and when she may be considered to have been on maternity leave. The applicant is therefore seeking some other remedy for the violation of the Act which the Officer found to have occurred.
2This matter was scheduled for hearing on April 10, 2001. On April 9 the applicant advised the Board, in writing, that she would not be able to attend the hearing and she requested an adjournment. She advised that she had expected to attend the hearing but learned, late on Friday, that she could not obtain leave from her current employer. The applicant now lives in Vancouver. The applicant was unable to obtain the consent of the responding party employer to the adjournment.
3At the hearing on April 10, 2001 the Board heard submissions from the responding party employer and the Ministry of Labour with respect to the adjournment request. The responding party employer continued to oppose it. The Ministry strongly supported the adjournment request and advised that if it was not granted the Ministry would be pursuing the application on the applicant’s behalf.
4After considering the parties’ submissions the Board decided to grant the adjournment. The Board did so with some reluctance due to the late notice of the request and the considerable inconvenience to the responding party who attended the hearing prepared to present its case. Nevertheless, the Board felt that it was appropriate to give the applicant the benefit of the doubt. However, the Board is unlikely to look favourably on any future requests for adjournment from the applicant.
5The Board also advised that the next hearing date would be set after consultation with the parties in recognition of the inconvenience to the responding party.
6The Board also indicated that it would make the following direction to the applicant:
The applicant is hereby directed to provide particulars of the remedy she is seeking in this matter. The particulars should include the details of any monetary compensation she is seeking and the basis for the amounts sought.
7The applicant is directed to provide the particulars to the Board and the other parties on or before April 20, 2001. After the Board has received the particulars, Labour Relations Specialist William Jackson will again contact the parties to try to resolve the matter. In the meantime, someone from the Registrar’s office will be in contact with the parties to try to find a mutually agreeable hearing date.
"Laura Trachuk"
for the Board