Ontario Labour Relations Board
Parties
Mary L. McCaskie, Applicant v. Brooks Towing & Recovery Ltd.; 1241568 Ontario Ltd.; Fred McCaskie; 926798 Ontario Ltd. o/a Bob’s Towing since 1996; Sheri Green; Bruce Newmaster; Murray Sidon; and Ministry of Labour, Responding Parties.
File No.: 3137-99-ES Employment Practices Branch File No.: 21103061 and 21103457
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 26, 2000
1This is a request for reconsideration of the Board’s decision of April 3, 2000 extending the deadline for filing an application for review of the Order to Pay No. D05821 dated October 20, 1999. The Board notes that the Order to Pay is issued on a form which indicates the Board’s old address at 400 University. The Board moved in December of 1998. The “old form” states an applicant may file a request for a review of an order or the finding that he or she is a Director within 45 days of the date of delivery or service of the order.
2On February 4, 2000, the Registrar of the Board gave the applicant 20 working days to perfect its appeal. The 20 working days would have expired on Friday, March 3, 2000. The Ministry of Labour paid out the funds on Monday, February 28, 2000. The Ministry takes the position that pursuant to section 68(5) the Board does not have jurisdiction to grant an extension. Section 68(5) of the Employment Standards Act (the “Act”) provides as follows:
- (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).
3Section 72(2) of the Act states:
- (2) Where compensation or wages have been paid by an employer under an order issued under section 45, 48, 51 or 56.2 or subsection 65 (1.2), and no application for review has been made to the Board under section 68 within 45 days after the date of the order or such longer period as the Board has allowed, the Director shall pay to the employee or employees the compensation of wages obtained on his, her or their behalf.
4The Ministry disbursed the funds before the March 3, 2000 deadline. There was an application for review, the moneys had been received by Employment Standards and an Official Receipt No. 47121 dated December 23, 1999 was issued and forwarded to the Board.
5The Ministry paid out the funds prematurely. The Board subsequently issued its decision extending the time for filing this review for the reasons set out in its decision of April 3, 2000.
6This application is properly before the Board and will be processed accordingly. The request for reconsideration is denied.
“Inge M. Stamp”
for the Board