3024-99-ES Helin Oil Packers Ltd., Applicant v. William Stuart and Ministry of Labour, Responding Parties.
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; January 28, 2000
1This is an employer request for review of Order to Pay No. 56051, which issued on November 17, 1999. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The application for review was filed on January 7, 2000. Section 68(3) of the Act states that applications of this nature must be filed within 45 days after the date of the order. In this case the 45th day would have been on December 27, 1999. The application has therefore been filed in an untimely manner.
3The applicant has asked that the Board extend the time for filing this application. It appears that the applicant requested the application for review forms from the Ministry of Labour in early December, 1999. However, it did not receive the forms until December 22, 1999, by which time the president of the company was away. As soon as he returned in late December, the applicant prepared its application for review. It appears that it paid the requisite monies into trust on January 6, 2000 and then sent the application to the Board by courier on January 7, 2000.
DISPOSITION
4The Board is satisfied that the applicant had formed the intent to apply for review and had taken reasonable steps to do so before the expiration of the deadline for filing. It further appears that due to the unavailability of the president of the company, the application could not be filed in a timely manner. The application was only late by 11 days. In these circumstances, and pursuant to the discretion afforded the Board under section 68(4) of the Act, the Board finds it appropriate to exercise its discretion to extend the time for filing this application to January 7, 2000.
“Gail Misra”
for the Board