The employer applied for a review of an Officer's Order to Pay under the Employment Standards Act regarding unpaid overtime and holiday pay for its drivers.
The employer raised a preliminary issue that the Order to Pay was untimely because it was issued more than two years after the facts upon which the proceeding was based first came to the knowledge of the Director.
The Board found that the initial complaint filed by an employee identified the employer, the group of affected employees, and the systemic issue of non-payment of overtime.
Therefore, the facts came to the Director's knowledge at the time of the initial complaint.
Because the Order to Pay was issued more than two years after this date, it was untimely.
The Board revoked the Order to Pay.
