Frank Peter operating as Photoland v. Jo-Anne Tandy and Ministry of Labour
File No.: 3720-99-ES Employment Practices Branch File No.: 22022477
Applicant: Frank Peter operating as Photoland Responding Parties: Jo-Anne Tandy and Ministry of Labour
Before: D. L. Gee, Vice-Chair.
Decision of the Board: May 30, 2000
By letter dated May 18, 2000, the applicant objects to the Board’s decision of May 10, 2000.
The Ontario Labour Relations Board only becomes involved with challenges to an order to pay issued by an Employment Standards Officer after an appeal has been filed. An appeal is not properly filed until all monies as set out in the order to pay are paid to the Director of Employment Standards in trust. The applicant has not paid the money into trust and, in any event, the filing of an appeal at this stage, well beyond 45 days from the date of the order to pay, would not be timely. The applicant asserts that he is not seeking an extension of time for the filing of an appeal – which for the sake of clarity – could not be considered until the money in question has been paid. Accordingly, there is no proper appeal before the Board. In the absence of a properly filed appeal, there is nothing for the Board to do.
This matter is terminated.
‘D. L. Gee’
for the Board”

