Citation: Dunn v. Indigenous and Northern Affairs Canada, 2017 PSDPT 1

Tribunal File No. T-2016-01

Date: 20170105

Ottawa, Ontario, January 5, 2017

The Honourable Mr. Peter Annis,

Public Servants Disclosure Protection Tribunal

BETWEEN:

Office of the Public Sector Integrity Commissioner

Applicant

and

Chantal Dunn

Complainant

and

Indigenous and Northern Affairs Canada

Employer

and

Sylvie Lecompte

Respondent

ADJOURNMENT ORDER

CONSIDERING a request for a sine die adjournment order made through a motion brought under Rules 13 and following of the Public Servants Disclosure Protection Tribunal Rules of Procedure, by the Complainant and the Employer, where both parties believe that they will likely and imminently come to a settlement of the complaint and that they wish to invest their efforts on final settlement discussions rather than on preparing for a hearing;"

 CONSIDERING that the Applicant is prepared to consent to a temporary adjournment and recognizes the efforts made by the Complainant and the Employer. However, the Applicant requests that the Tribunal consider providing next available hearing dates to limit any potential prejudices that may occur as a result of further delays, to which both the Complainant and the Employer later concurred;

CONSIDERING that the Respondent strongly opposes the adjournment of the hearing scheduled for January 9, 2017, because the case has been ongoing since 2011 and has had an adverse effect on the Respondent;

CONSIDERING the respective positions of parties and being satisfied at the present time of the good faith of parties in ongoing negotiations;

CONSIDERING the significant resources involved in preparing and holding a hearing of the Tribunal, including the displacement of witnesses and considerable expenses to be incurred by parties, for no real purpose should a settlement be reached imminently;

CONSIDERING the need for this case to reach a conclusion and for parties to enjoy closure in this matter;

THE TRIBUNAL ORDERS that:

The hearing scheduled to commence on Monday, January 9, 2017, be adjourned for a period of 20 days from the date of this Order, after which, should the matter not be resolved through a settlement agreement, a new hearing date be scheduled at the Tribunal’s earliest convenience.