3495-00-U Cong Guang Zhan, Applicant v. CUPE Local 5001, Canadian Union of Public Employees, Responding Party v. University Health Network, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; September 14, 2001
The Board set this matter down for consultation on September 18, 2001. Counsel for the Canadian Union of Public Employees (CUPE) wrote to the Board indicating that the date was a Jewish holiday, and asking that the matter be rescheduled. The Board responded with a letter from the Registrar advising that CUPE would require the consent of all parties. It appears that the applicant did not consent to the adjournment request.
The University Health Network also wrote to the Board advising that it could not fully participate because one of its employees would be observing the holiday. The employer was advised that without the consent of the applicant, the hearing would not be adjourned.
While it is true that as a general practice, the Board requires the consent of all parties to adjourn a matter, that practice does not apply to a request to adjourn because a matter has been set down for hearing or consultation on a day of religious observance. A party or counsel need only advise the Board of the reasons for their unavailability and the Board will reschedule the matter.
The Board regrets that it did not handle this matter with greater sensitivity. The consultation set for September 18, 2001 is hereby adjourned. The consultation is rescheduled to October 10, 2001, commencing at 9:30 am at the Board’s premises, 505 University Avenue, 2nd Floor, Toronto, Ontario
“Mary Ellen Cummings”
for the Board