0188-00-ES DMcD Distribution Inc., Applicant v. Ministry of Labour, Responding Party.
Employment Practices Branch File No. 20034408
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; May 25, 2000
This is an application to review Order to Pay 49747, issued by an Employment Standards Officer on February 29, 2000. That order required the applicant to pay $7,974.56.
The application was filed on April 14, 2000.
Section 68(3) of the Employment Standards Act permits an application for a review of an order to be filed within 45 days after the date of the order.
However, section 68(7) of the Act provides:
…
(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.
The applicant neither claims to have nor has furnished any information indicating compliance with this section.
By letter dated April 27, 2000, the Registrar advised the applicant to furnish proof of payment and advised that (unless the Board granted an extension of time) payment made more than 45 days after the date of the Order would be untimely and the application would be dismissed.
The Board has received no proof of payment or request for extension of time.
This application is dismissed.
“Bram Herlich”
for the Board