Glenda Brige v. The Kingston Hotel and Ministry of Labour, 2000 CanLII 12194

Ontario Labour Relations Board

3133-99-ES Glenda Brige, Applicant v. The Kingston Hotel and Ministry of Labour, Responding Parties.

BEFORE: M. A. Nairn, Vice-Chair.

DECISION OF THE BOARD; March 8, 2000

[1]. This is an application brought pursuant to section 68 of the Employment Standards Act (the “ESA”) for review of the refusal by the Employment Standards Officer to make an order to pay against the employer.

[2]. The Board received a letter dated January 10, 2000 from the claimant advising that she wished to have the Officer’s decision reviewed. However 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 claimant that her 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 claimant wished to re-submit her application she must do so within 20 working days of the date of the letter. As such, any new application was required to be filed by February 29, 2000. I note that, assuming the Officer’s letter refusing to make an Order was dated on January 5, 2000, the 45-day time limit for filing would have expired on February 19, 2000.

[3]. As 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.