0970-00-ES Vincenza Dellasiepe o/a Express Haulage, Applicant v. David Dunphy and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 40 011108
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; August 4, 2000
1This is an employer request for review of Order to Pay No. 56157. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2While the applicant made a timely request for review, it failed to provide the Board with a copy of a receipt indicating that it had paid the amount of the Order into trust with the Director of Employment Standards. The Board was advised by the office of the Director of Employment Standards that by August 2, 2000 the applicant had still not paid the requisite money into trust.
3Section 68(7) of the Act states:
- (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
DISPOSITION
4As is indicated above, the Act provides that an employer is not entitled to apply for review of an order to pay unless the wages and administrative costs required by the order have been paid into trust pending the outcome of the appeal. The Board has no discretion in this regard. The applicant has not paid the monies into trust and 45 days have elapsed since the Order to Pay issued. In these circumstances, the application does not meet the requirements of section 68(7) of the Act, and is therefore hereby dismissed.
“Gail Misra”
for the Board