Cathy Matsumoto v. Ontario Business College (1977) Ltd., and Ministry of Labour
File No.: 3021-99-ES Date: February 14, 2000 Before: David A. McKee, Vice-Chair
Decision of the Board
1This file concerns a refusal to issue an Order to Pay made on December 30, 1999 under the Employment Standards Act, R.S.O. 1990, Ch. E-14, as amended (“the Act”). On January 6, 2000 the Board received a photocopy of a letter from the applicant which appears to contest this decision. There was, however, no application to review the decision.
2On January 13, 2000 the applicant was advised by the Registrar as follows:
“Your application for review under the Employment Standards Act is being returned to you, without the Board having processed it, because the application was not filed on the correct form and/or because the application was sent to the Board by facsimile transmission. Your application does not comply with the Board’s Rules of Procedure.
The Board’s new Rules of Procedure (including its new forms, notices and information bulletins) came into effect on August 1, 1999. Those Rules require that every case be started by completing and filing the proper application form and by filing any other document required by the Rules: Rule 24. Your application must be filed with the Board within 20 working days from the date of this letter. Rules 16 and 17 provide that an application may be filed with Board in any manner except facsimile transmission, Registered Mail or e‑mail.
If you wish to re-submit your application, you must comply with the Board’s new Rules, including Rules 16, 17 and 24. In order to assist you, we are enclosing a copy of the Board’s new Rules of Procedure, a copy of the correct application form
(Form A-69), and a copy of Information Bulletin No. 23 – Applications for Review under the Employment Standards Act”.
3The applicant has not replied to this letter.
4The obligation to file an appeal in the proper form is not merely a technical requirement. Absent from this application is the address of the employer, the section of the statute under which the review is made, and the reason for the application. Procedural fairness requires that the parties opposed to the applicant have some idea of the basis of his dispute.
5In the absence of any response from the applicant, this application is dismissed.
“David A. McKee”
for the Board