The applicant employee filed an application under section 68 of the Employment Standards Act for a review of an employment standards officer's refusal to issue an Order to Pay for unpaid wages.
The Ministry of Labour raised a preliminary objection that the Board lacked jurisdiction because no written order or written refusal had been issued, and the two-year period for a deemed refusal had not elapsed.
The Board agreed, finding the application premature, and dismissed it without prejudice to the employee's right to file a fresh application at the appropriate time.
