FPSLREB Decisions
Decision Information
Procedure - Adjournment of proceedings - the grievor, who was no longer represented by his bargaining agent, requested an adjournment of the hearing to retain and instruct counsel and to consider the recording of a testimony the employer was seeking to admit into evidence - despite the proceedings having already been adjourned on two occasions, the adjudicator agreed to a further adjournment, providing that a peremptory date be set for a five-day hearing, at the expiry of a six-month period at the earliest, and that no further adjournment be granted in the absence of extraordinary circumstances. Application allowed.
Decision Content
File: 166-2-28616 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN PAUL A.A. LATHAM Grievor and TREASURY BOARD (Solicitor General – Correctional Service Canada)
Employer Before: Colin Taylor, Q.C., Board Member For the Grievor: Paul A.A. Latham For the Employer: Kathryn A. Hucal, Counsel Heard in Vancouver, British Columbia, November 17, 18, 19, 1999
1 I
At the commencement of this hearing, Mr. Latham made application to adjourn the proceedings on two main grounds:
1. To enable the Grievor to retain and instruct counsel; and
2. To enable the Grievor to consider the videotaped testimony of Warden Wiebe which the Employer seeks to admit into evidence.
This matter first came on for hearing in November 1998. The Grievor was then represented by the bargaining agent. At that time, the Employer led evidence from 7 of 8 anticipated witnesses. The proceedings then adjourned by consent of counsel.
The adjudication was scheduled to resume on May 3, 1999 but it was adjourned and new dates were set for November 17, 18, and 19, 1999.
The Grievor is no longer represented by the bargaining agent and has asked the Board to provide him with legal counsel. The Board does not retain or instruct counsel on behalf of the parties. The Grievor now says he needs time to retain and instruct counsel.
In considering this application for adjournment, it is of some concern that the Grievor has not retained counsel in
2 the six months preceding the hearing date and now requests an adjournment for six months for that very purpose.
Keeping in mind that without counsel, I wish to take all reasonable steps to ensure that the Grievor has an opportunity to instruct and retain counsel and to consider the the Employer seeks to admit and to fully prepare his case.
With this in mind, the adjournment is granted on the following terms:
1. This adjudication will be set down for hearing on a date to commence at least 6 months from the date of this Award.
2. The Grievor estimates he will require 5 days to present his case and 5 days will be set.
3. The new hearing dates will be pre-emptory. 4. No further applications for adjournment will be granted in the absence of extraordinary circumstances, such as illness.
the Grievor is appearing videotaped evidence which
3 5. In the event that extraordinary reason, unable next hearing, then his counsel must attend.
DATED at Vancouver, British Columbia, this 30 of November, 1999.
------------------------------------------------------- Colin Taylor, Q.C.
the Grievor is, for an to attend at the
th day