J. Emily Somma v. Ministry of Labour
File No.: 3198-99-ES Date: March 8, 2000
J. Emily Somma, Applicant v. Ministry of Labour, Responding Party.
Before: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD
1This is an application brought pursuant to section 68 of the Employment Standards Act (the "ESA") for review of an Order to Pay.
2The Board received a letter on January 28, 2000 (forwarded from the Ministry of Labour) and dated January 13, 2000 from the applicant, advising that she wished to have the Order reviewed. The date of the Order to Pay is not indicated, although it appears that the employer received a copy by at least December 14, 1999.
3However that letter was not filed in accordance with the Board's Rules. By letter dated February 1, 2000 the Registrar of the Board advised the applicant that the application had not been filed properly. That letter enclosed the proper form, a copy of the Board's Rules and a copy of the relevant Information Bulletin. The letter further advised that if the applicant wished to re-submit the application she must do so within 20 working days of the date of the Registrar's letter. As such, any new application was required to be filed by February 29, 2000. I note that, assuming the Order to Pay was dated prior to December 14, 1999, the 45-day time limit for filing would have also expired prior to February 29, 2000.
4As of the date of this decision, no application has been received. The Registrar's letter clearly states that a failure to file the completed form within the time allotted may result in the termination of the application.
DISPOSITION
5This matter is terminated.
"M. A. Nairn"
for the Board