1146693 Ontario Inc. o/a Tiger Town Towing v. Lino Renauld, Mike Hayes, Derek Martin and Ministry of Labour
File No.: 3529-99-ES Date: May 23, 2000
Applicant: 1146693 Ontario Inc. o/a Tiger Town Towing Responding Parties: Lino Renauld, Mike Hayes, Derek Martin and Ministry of Labour
Before: Gail Misra, Vice-Chair.
DECISION OF THE BOARD
1This is an employer request for review of Order to Pay No. 58351, which issued on November 17, 1999. It is filed pursuant to section 68 of the Employment Standards Act (the “Act”).
2The application was filed on March 1, 2000. Section 68(3) of the Act states that applications for review must be filed within 45 days of the date of the Order issuing. The application was therefore extremely untimely and the applicant requested that the Board extend the time for filing the appeal.
3At the time it filed its application for review, the applicant claimed to have worked out a deal with a collection agency for the slow payment of the amount owing as a result of the Order to Pay, and therefore suggested that this amounted to the payment of monies into trust. As of May 16, 2000 the Director of Employment Standards confirmed that the applicant has in fact only paid into trust $5,447.40 when the amount of the Order to Pay on its face is $6,960.67. No explanation has been provided for why the payment has not been made in full.
4Section 68(7) of the Act states:
- (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.
5In the absence of authorization from the Director of Employment Standards, it is not clear to the Board that an arrangement between a collection agency and an employer would be sufficient for the Board to find that the requirements of section 68(7) of the Act had been met. However, in the circumstances of this case it is unnecessary to decide that issue as the applicant has not paid the required monies in any event.
6The Act provides that an employer is not entitled to apply for review of an order to pay unless the wages and administrative costs required by the order have been paid into trust pending the outcome of the appeal. The Board has no discretion in this regard. The applicant has not paid into trust all of the monies required by the Order to Pay, and 45 days have elapsed since the Order to Pay issued. In these circumstances it is unnecessary to deal with the untimeliness of the application. The application does not meet the mandatory requirement of section 68(7) of the Act and is therefore hereby dismissed.
“Gail Misra”
for the Board