Ontario Labour Relations Board

File No.: 3296-99-ES Employment Practices Branch File No.: 1000-3454

Donn-Marr Welding Supply Inc., Applicant v. Ministry of Labour, Responding Party.

BEFORE: Mary Ellen Cummings, Alternate Chair.

DECISION OF THE BOARD; February 11, 2000

[1]. By letter dated August 27, 1999, the employer advised the Ministry of Labour that it was seeking an application for review of an Order to Pay issued against it. The employer submitted a cheque to the Director of Employment Standards in trust in partial fulfillment of the application for review process. The Ministry of Labour issued the employer a receipt and forwarded the employer’s correspondence to the Ontario Labour Relations Board.

[2]. The Board assumed that the employer was attempting to file an application for review pursuant to section 68 of the Employment Standards Act (the “Act”). It therefore sent the employer a letter dated September 15, 1999 indicating that the Board was unable to process the application as it had not been filed on the correct form and did not comply with the Board’s Rules of Procedure. The Board sent the employer a set of the appropriate forms and the pertinent rules, and invited the employer to file a proper application. Although nearly five months have passed, the employer has not filed a proper application.

[3]. Unless the employer files a proper application by March 17, 2000, this matter will be terminated and the Director will be free to disburse the monies being held in trust.

“Mary Ellen Cummings”

for the Board