4159-10-PE Phung Kim Quach, Applicant v. The St. Christopher House and Canadian Union of Public Employees, Local 3393, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE TRIBUNAL: January 4, 2012
1This application is scheduled to be heard on January 12 and 13, 2012.
2By way of letter dated December 22, 2011, the Registrar advised the parties that a single Deputy Presiding Officer had been assigned to the hearing, and that if any of the parties objected they were to advise the Tribunal by January 4, 2012.
3Phung Kim Quach wrote to the Board on December 29, 2011, indicating that she did not consent to the assignment of a single Deputy Presiding Officer to hear the matter, and that she wanted her complaint to be heard by the Tribunal.
4Ms. Quach may have misunderstood the Registrar’s letter of December 22, 2011. The effect of the assignment of a single Deputy Presiding Officer is that the hearing would be convened by the Tribunal sitting as a panel of one Vice-Chair, rather than as a tripartite panel with a Deputy Presiding Officer (a Vice-Chair) and two Tribunal Members. The hearing would still be conducted by the Tribunal, but by only one individual rather than by three. The reason that the Registrar has not assigned a tripartite panel to hear this matter is that there currently are no appointed Members representative of employers available due to a recent resignation. It is not therefore not possible to constitute a tripartite panel until such time as a Member representative of employers is appointed to the Tribunal.
5If Ms. Quach is now content to have the hearing convened by a single Vice-Chair, she must advise the Board and both responding parties in writing on or before January 10, 2012. Ms. Quach is not obliged to provide her consent, but in its absence the hearing scheduled for January 12 and 13, 2012 will be postponed indefinitely.
“Patrick Kelly”
Patrick Kelly, Vice-Chair