1133-00-ES Flaviense Stucco & Plastering Inc., Applicant v. Brian Tamburini and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 43002643
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; August 30, 2000
1This is an application to review an Order to Pay issued by an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E-14, as amended (the "Act").
2The Order to Pay was issued on May 23, 2000. This application was filed with the Board on July 13, 2000. Pursuant to section 68(3) of the Act, the application is untimely. Section 68(3) provides as follows:
- (3) An application for review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
3Section 68(4) permits the Board to extend the time for a review if it considers it advisable to do so. The Board's Registrar advised the applicant by letter dated August 10, 2000 that it appeared that the application was untimely and invited the applicant to advise the Board why the application was timely or why the Board should extend the time for applying for review.
4Counsel for the applicant responded on August 15, 2000 and advised the Board that the applicant had relied upon inaccurate information provided on the Order to Pay which states:
The application for review, setting out the facts and reasons for the application must be forwarded to The Registrar, Ontario Labour Relations Board, 400 University Avenue, 4th Floor, Toronto, Ontario, M7A 1V4 within 45 days of the date of delivery or service of this order.
5Counsel for the applicant advises the Board that the applicant received the Order to Pay on May 30, 2000 and filed its application within 45 days from the date of delivery. In such circumstances, the Board is persuaded to exercise its discretion under section 68(4) to extend the time for the filling of this application to July 13, 2000.
6This panel of the Board is not seized with this matter.
"John Morgan Lewis"
for the Board