Ontario Labour Relations Board
[1998] OLRB REP. JULY/AUGUST 705
1324-98-ES; 1682-98-ES Paul R. Ostrander, Applicant v. Ministry of Labour and Donald E. Beckett, Responding Parties; Donald E. Beckett, Applicant v. Ministry of Labour and Paul R. Ostrander, Responding Parties
BEFORE: Lee Shouldice, Vice-Chair.
DECISION OF THE BOARD; August 18, 1998
Decision
1The applicants have filed with the Board individual applications for review of an Order to Pay, pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended (hereinafter "the Act"). These are both director's appeals.
2Section 68(1) of the Act provides, amongst other things, that any person who considers himself aggrieved by an Order made under section 58.22 of the Act may apply to the Board for review of that Order. Section 68(3)(a) of the Act provides that the application for review must be made within 45 days after the date of the Order. In this case, the order was dated June 25, 1998. Section 68(7) of the Act further provides that an application for review is not properly made, and that the Board may not proceed with the review, unless the applicant pays to the Director of Employment Standards in trust the amount reflected by the order to pay within the time for applying for the review - i.e. the 45 day period, or any longer period determined by the Board in accordance with section 68(4) of the Act. Alternatively, an irrevocable letter of credit acceptable to the Director may be secured by the applicant within that time period.
3The Board has been advised by the Director of Employment Standards that the applicants in these proceedings secured irrevocable letters of credit satisfactory to the Director on Friday, August 14, 1998. Accordingly, it has taken the applicants 50 days after the date of the Order to make their application for review. I am required, therefore, to determine whether it is appropriate to extend the time for applying for a review in accordance with section 68(4) of the Act.
4In the circumstances, there is no reason not to extend the time for applying for review. The Board will typically not consider extending the time for filing for review until the applicant has paid the money ordered to be paid to the Director of Employment Standards in trust, or has secured an acceptable letter of credit. This has been done here. The extension requested is quite short - 5 days -and it would appear possible that the resolution of the question of any monies due to employees under the Act may be resolved without the need for hearings. It would also appear that there is a legitimate dispute regarding the quantum of the Order to Pay.
5Accordingly, I exercise my authority under section 68(4) of the Act to extend the time for filing these applications to August 14, 1998. The applications have been properly made and can be proceeded with in accordance with the Act.
6In the circumstances, these two proceedings should be heard together by the same Vice-Chair, in order to minimize the need to call duplicative evidence. In accordance with section 68(9)5 of the Act, Paul R. Ostrander is made a party to Mr. Beckett's appeal, and Donald E. Beckett is made a party to Mr. Ostrander's appeal. I will leave it to the