ADP Canada v. Tom Lloyd and Ministry of Labour
File No.: 2457-99-ES Before: M. A. Nairn, Vice-Chair Decision of the Board: January 6, 2000
1This is an application for review brought pursuant to section 68 of the Employment Standards Act (the "ESA"). The application was filed on November 12, 1999 seeking to review Order to Pay No.55003 dated September 24, 1999. The monies owing were forwarded to the Director in trust on November 10, 1999 and the receipt of those monies is noted on November 16, 1999. The Registrar advised the applicant that it appeared that the application was untimely. The 45-day time limit for filing the application for review was November 8, 1999 (and not November 4, 1999 as indicated in the material from the Employment Standards Branch).
2The applicant seeks an extension of the time for filing the application relying on a miscommunication between the applicant and counsel as to who would be completing the paperwork for the application. The application is not frivolous and sets out clearly the basis on which the applicant seeks to have the Order reviewed. Given the short delay involved, I am persuaded that there are appropriate grounds to allow an extension of the time limit for filing. The time for filing this application is hereby extended to November 16, 1999.
3This matter is referred to the Registrar for processing in the normal course.
"M. A. Nairn"
for the Board