Can-Pan Candy Inc. v. Nick Georgas Jr., and Ministry of Labour
File No.: 3287-99-ES Date: March 14, 2000
Applicant: Can-Pan Candy Inc. Responding Parties: Nick Georgas Jr., and Ministry of Labour
Before: David A. McKee, Vice-Chair
Decision of the Board
1This is an application for a review of a decision by an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, RSO 1990 ch. E-14 as amended (the “Act”). The applicant has applied for an extension of time for filing this appeal pursuant to section 68(4) of the Act. The application, and the payment of monies in trust to the Director of Employment Standards, was sent by the applicant on January 27, 200 and was delivered to its destination on the next day. However, the address on the courier envelope was not that of the Ontario Labour Relations Board which is set out clearly on the Notice to Pay. Rather it was that of the Director, to whom payments are to be made.
2None of the other matters referred to in the application for an extension of time would cause the Board to extend the time for filing this appeal. However, the above noted facts indicate a clear intention, and attempt, to comply with the Act. The prejudice is small and the only fault of the applicant is a failure to read the instructions on the Notice to Pay all the way to the end. In the circumstances, the Board will exercise its discretion to extend the time for the filing of this application to February 8, 2000, the date it was actually received by the Board.
3This matter is referred to the Director of Field Services for processing.
“David A. McKee”
for the Board