Ontario Labour Relations Board
1172-00-ES 1293732 Ontario Inc. o/a A-1 Protection Services, Applicant v. Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40 010980
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; October 2, 2000
1This is an application for review pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the "Act") with respect to Order to Pay No. 56588.
2The applicant filed its application for review with the Board on August 14, 2000. The applicant also submitted the sum of $5,810.31, in the form of a cheque, to the Director of Employment Standards as required under the Act.
3The Board is advised by the Ministry of Labour that the applicant's cheque was returned by the bank indicating "insufficient funds". Accordingly, the applicant has not met the requirements for the filing of an application for review imposed by the Act. Section 68(7) of the Act does not permit the Board to proceed with an application for review if an applicant fails to pay the stipulated amount to the Director of Employment Standards. Section 68(7) reads as follows:
- (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.
4Board File No. 1172-00-ES is hereby dismissed.
"John Morgan Lewis"
for the Board