Pay Equity Hearings Tribunal
PEHT Case No: 3535-13-PE
Service Employees International Union, Local 1, Applicant v Brant Community Healthcare System, Bluewater Health, Norman Site, Hotel Dieu Shaver Health and Rehabilitation Centre, Niagara Healthcare System, Responding Parties
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: November 7, 2014
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended.
I am issuing this decision pursuant to the authority conferred under section 4.2(1) of the Statutory Powers Procedure Act.
This application involves an allegation of a breach of Minutes of Settlement. The application was filed with the Tribunal on March 21, 2014 and the pleadings closed on April 14, 2014. A Pre-Hearing Conference (“PHC”) was scheduled for July 28, 2014. No hearing date has been set. I understand that the parties have been attempting to resolve this matter. They have now requested that the application be adjourned sine die.
The Tribunal has historically adjourned matters sine die at the request of the parties for a period of one year, but has also extended the period of adjournment on request, without requiring any rationale for that extension.
I think the better practice is that initial consent requests for adjournments sine die be granted for a nine-month period, so that if a matter is not resolved within that time the hearing of the application can hopefully commence within the twelve months following the adjournment. The parties can simply be advised by Registrar’s letter of the confirmation of those adjournments without the necessity of the Tribunal issuing a decision.
Any subsequent request that the period of adjournment sine die be extended should be supported by some indication of why that is necessary or what it is that the parties hope to achieve within that further period of time.
Having regard to the foregoing, this matter is adjourned sine die until May 1, 2015 (nine months from the date of the PHC), and will terminate at the expiry of that period unless prior to that date any party has requested that it proceed.
Dated at Toronto, Ontario this 7th day of November, 2014.
"Mary Anne McKellar" Mary Anne McKellar, Chair