Robert A. MacNay v. MacNay’s General Store Ltd.
File No.: 1431-00-ES Employment Practices Branch File No.: 600 07240 Date: October 16, 2000
Applicant: Robert A. MacNay, a Director of MacNay’s General Store Ltd. Responding Parties: MacNay’s General Store Ltd.; Mary B. MacNay (Director), Bill Graham (Director), Naomi Powell et al (Employees) and Ministry of Labour.
Before: Mary Ellen Cummings, Vice-Chair.
DECISION OF THE BOARD
1This is a director's appeal of an Order to Pay made pursuant to the Employment Standards Act.
2The application was received by the Board 4 days past the 45 day time limit found in section 68(3) of the Act. Section 68(4) permits the Board to extend the time for applying if the Board considers it appropriate to do so.
3Counsel for the director explained that the late filing occurred because the applicants made a timely delivery of both the application and payment of the monies in trust to the Director Employment Standards, at 400 University Avenue. The application should have been delivered to the Board at 505 University Avenue. The 4 day delay (which included a weekend) reflects the time it took for the Ministry of Labour's internal mail system, to route the application to the Board.
4Counsel meticulously pointed out that information provided to applicants (including the Board's Information Bulletin #23) does not clearly advise that the application is to be delivered to one place, and the money to another. I might add that common sense would not anticipate such a result either. I am satisfied that in the circumstances, it is appropriate to extend the time, and consider this application timely. The applicants clearly intended to file a timely application for review, and the completed application was filed within 4 days of the time limit.
DISPOSITION
5This application is rendered timely.
"Mary Ellen Cummings"
for the Board