Court File and Parties
File No.: 0469-00-ES / Employment Practices Branch File No. 62004511 Date: July 20, 2000
Applicant: Kingsville Stamping Ltd. Responding Parties: Gerhard Wolfe and Ministry of Labour
Before: Anthony Brown, Vice-Chair
Decision of the Board
1This purports to be an application pursuant to section 68 of the Employment Standards Act for review of an Order to Pay (No. 59607) made by an Employment Standards Officer.
2It appears to the Board that the applicant has not paid into trust the entire amount indicated in the Order to Pay. It appears that he unilaterally withheld the sum of $1,283.40.
3Subsection 68(7) of the Act states:
An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
4The applicant has not complied with subsection 68(7) and the Board is therefore unable to proceed with the review.
5In order to afford the applicant an opportunity to rectify the situation, the Board will further extend the time for filing the application for review until August 9, 2000. If the Director of Employment Standards receives in trust the sum of $1,283.40 by no later than August 9, 2000, the Board will process this application upon being so informed. If the Director does not receive the required sum by that date, the application for review shall be deemed immediately terminated.
“Anthony Brown”
for the Board