Ontario Labour Relations Board
File No.: 3137-99-ES Employment Practices Branch File No.: 21103061 and 21103457 Date: May 17, 2000
Between: 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.
Before: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD
The responding party, Ministry of Labour, filed a request for reconsideration of the Board’s decision dated April 3, 2000 extending the deadline for filing an application for review of a decision by an Employment Standards Officer.
The Ministry takes the position that the application should be dismissed because the Board failed to inform the Ministry of the applicant’s request for an extension to file an appeal of the Order to Pay. The Ministry further states that the monies were paid out to the employee and pursuant to section 68(5) of the Employment Standards Act the Board does not have jurisdiction to extend the time for filing an appeal.
The Ministry is of the view based on materials provided by the Board that the appeal was not filed until February 25, 2000.
Based on the materials filed with the Board the application date is December 29, 1999. The first document received in this matter by the Board is from the Ministry in the form of the official receipt no. 47121 dated December 23, 1999. A cheque in the amount of $1,641.36 was forwarded together with the official receipt to the Board. The Board’s clerk sent the cheque back to the Ministry on December 29, 1999.
The Registrar is directed to provide to the Ministry copies of all of the documents submitted by the applicant.
The Ministry is directed to advise the Board and the applicant the date on which the monies were paid out to the employee(s).
I remain seized.
“Inge M. Stamp”
for the Board