2034-00-ES Mar-Mac Holdings (St. Thomas) Ltd. o/a McDonald Mail Services, Applicant v. Melissa Boulerice and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 21 103972
BEFORE: Gail Misra, Vice‑Chair.
DECISION OF THE BOARD; November 8, 2000
1An application for review of an order to pay was filed on October 6, 2000. A cheque in the amount of the Order to Pay was tendered at that time to be paid into trust with the Director of Employment Standards pending the outcome of the appeal. The Director of Employment Standards advised the Board by a letter dated November 8, 2000, that the cheque did not clear the applicant’s account.
2Section 68 of the Employment Standards Act as amended, provides in part, as follows:
- (3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67(2).
(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72(2).
(6) An application for a review must be in writing.
(7) 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.
3Subsection 68(3) of the Employment Standards Act as amended, requires that an application for review be made within 45 days after the date of the order to pay. Subsection 68(7) states that an application for review of an order to pay is not properly made unless the monies are paid into trust. The 45th day in this instance was on October 10, 2000.
4The essence of the provisions outlined above is to require the payment into trust of those monies directed by an order to pay as part of the application for review. As the monies have not been paid into trust as required by the Act, this application has not been properly made.
5In these circumstances this application cannot proceed and is hereby terminated.
“Gail Misra”
for the Board