Rich-Wood Kitchens Limited v. Mr. Scott Lupa, and Ministry of Labour
File No.: 3585-99-ES Date: May 1, 2000 Before: David A. McKee, Vice-Chair.
Decision of the Board
1This is an application for the review of an Order to pay under section 68 of the Employment Standards Act, RSO 1990 Ch. E-14. (the “Act”). An issue has arisen with respect to the timeliness of this application. The Order to Pay was issued on August 31, 1999. The time prescribed under section 68(3) of the Act for the filing of the application for review is 45 days from the date of the Order. It appears that the applicant paid the money required to be paid by section 68(7) of the Act by a cheque which was deposited by the Ministry on October 19, 1999. Strictly speaking, that was four days after the date for filing the application, of which the monies were a part. However, since the Order to Pay was issued on a form which contains the incorrect information about the date for filing an application (the form was once correct; it has been out of date for some time), the Board will extend the time limits for making the application until October 19, 1999.
2However, it does not appear from the Board’s file that the application itself was submitted to the Board until March 22, 2000, well after the date for filing and only after two notices from the Board that the application was incomplete. The applicant is directed to make submissions in writing as to the date when it says the application was filed with the Board and to attach copies of any relevant documents in support of its submissions. If this date was later than October 19, 1999, the applicant is directed to make submissions about why the time for filing the application should be extended. The applicant’s submissions are to be filed so that they are received in the Board’s offices no later than 5:00 p.m. on Friday, May 12, 2000.
3I am not seized of this matter.
“David A. McKee”
for the Board