Ontario Labour Relations Board
1656-99-ES Rockwell Automation Canada Inc., Applicant v. Janet Smitjes and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 60007017
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; August 17, 2000
The Board is in receipt of a request for reconsideration of the Board’s decision dated April 5, 2000. The request for reconsideration was filed with the Board on July 14, 2000.
Section 21.2(1) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended (the “SPPA”) provides the Board with the power to reconsider its decisions. Section 21.2(1) reads as follows:
21.2(1) A tribunal may, if it considers it advisable, review all or part of its own decision or order, in accordance with its rules made under section 25.1, and may confirm, vary, suspend or cancel the decision or order.
- Rules 94-96 of the Board’s Rules of Procedure provide for the reconsideration of a Board decision and are adopted by reference in Rule 107 to applications under the Employment Standards Act, R.S.O., 1990, c. E.14, as amended (the “Act”). Rule 96 sets out the prescribed time period in which a request for reconsideration must be filed with the Board. Rule 96 provides as follows:
No request for reconsideration will be considered where it is filed more than twenty (20) days after the date of the Board’s decision, except with the permission of the Board.
- The request for reconsideration was filed well outside the prescribed time period and is therefore untimely. The request for reconsideration is hereby dismissed
“John Morgan Lewis”
for the Board