Olga Dilkas v. International Comfort Products and Ministry of Labour
0338-01-ES Olga Dilkas, Applicant v. International Comfort Products and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41009801
BEFORE: Anthony Brown, Vice‑Chair.
APPEARANCES: Mike Dilkas for the applicant; Allison Taylor and Derek Warner for International Comfort Products; Robert Sinding for the Ministry of Labour.
DECISION OF THE BOARD; December 20, 2001
1This is an application pursuant to the Employment Standards Act (the “Act”) for review of a refusal by an Employment Standards Officer to make an order to pay.
2The matter was scheduled to be heard on December 19, 2001. On that day, the applicant’s husband, Mr. Dilkas appeared on her behalf and requested an adjournment. The claimant had apparently suffered an anxiety attack and was unable to attend. No attempt was made by the applicant to contact the other parties prior to the date of the hearing to advise them of the adjournment request.
3There is no dispute that the claimant has been on long term disability for a considerable period of time due to stress and anxiety.
4The responding party opposed the request for an adjournment. It had flown its senior human resources director up from Tennessee, USA. to give evidence. It was ready to proceed. The responding party also asserted that it should be provided with the claimant’s medical records in advance of the hearing, if an adjournment was to be granted.
5The Board notes that the employer has made a significant expenditure of money required to fly a witness to the hearing, when this might have been avoided by a simple phone call on behalf of the applicant to counsel for the responding party to seek consent to an adjournment in advance. Nevertheless, the applicant does have a history of anxiety, lending credibility to her husband’s representations in her behalf about the reason for her absence.
6On December 19, 2001, the Board granted an adjournment to a date to be set by the Registrar, in consultation with the parties. The Board advised the parties that it would be strongly disinclined to grant further adjournments. This is the third adjournment in this application.
7The Board also directed the applicant to forward to the Registrar at the offices of the Board a note from a medical doctor confirming the applicant’s illness or incapacity on December 19, 2001. This is to be submitted within five days of December 19, 2001, excluding weekends and holidays.
8The Board also directed the parties to exchange documents that they intend to rely upon at the hearing of this matter, within ten days of December 19, 2001, excluding weekends and holidays. In particular, the applicant is to provide the responding parties with copies of the medical reports or documents that she intends to rely upon.
9The hearing of the application on the merits will be assigned to a different panel of the Board.
“Anthony Brown“
for the Board