The applicant, a director of the employer, sought a review of an order to pay issued by an Employment Standards Officer.
The Board previously directed the applicant to provide an irrevocable letter of credit or payment in trust to the Director of Employment Standards by a specified date, failing which the application would be dismissed.
The applicant failed to do so, arguing that a Superior Court order obtained by the employer's receiver suspended enforcement proceedings.
The Board held that the application for review was not an enforcement proceeding against the applicant, but rather a proceeding commenced by the applicant.
As the applicant failed to comply with the statutory requirements under section 68(7) of the Employment Standards Act, the application for review was dismissed.