Aristocrat Restaurants Limited v. Janna Lovat Fraser, and Ministry of Labour
File No.: 1081-99-ES Date: April 28, 2000
Before: David A. McKee, Vice-Chair.
Decision of the Board
1This is an application for review of an Order to Pay, brought pursuant to section 68 of the Employment Standards Act R.S.O. 1990 ch. E-14, as amended. On October 14, 1999 I issued a decision indicating that since payment of the amount set out in the Order to Pay had not been made, the application could not be processed.
2This was factually incorrect. On July 8, 1999 the applicant paid to the Director of Employment Standards in trust, the amounts required by the Order to Pay, and filed its application with the Board. While the Board regrets the error in its decision, it is surprising that the applicant did not respond to the assertion that it had not paid the monies as ordered. In any event, the application may be processed as the monies have been paid as required by the statute.
3However, the application is still filed outside the time prescribed by the statute. Since the Order to Pay was dated May 18, 1999, the appeal would be timely only up to the end of the day on Friday, July 2, 1999. Thus the application was filed six days late. The Board has the authority to extend the time for filing an application, provided good reasons are given. On September 21, 1999 the applicant was given the opportunity to make a request for such an extension, but did not respond. The Board’s decision was issued after the time for submissions about an extension had expired.
4While the applicant has failed to request an extension in the time given, in light of the Board’s error, the applicant will be permitted, if it chooses to do so, to make a request for an extension of the time to file. Such request must be actually received by the Board on or before 5:00 p.m. on May 10, 2000. If no such request is received by that time, the monies will be paid to the employee without further notice to the applicant.
“David A. McKee”
for the Board