0118-00-ES North Top, Applicant v. Ministry of Labour, Responding Party.
Employment Practices Branch File No. 10003862
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; July 27, 2000
This is an application for review of an Order to Pay brought pursuant to the Employment Standards Act (the “ESA”). By decision dated May 31, 2000 the matter was terminated by the Board as the applicant had failed to properly file its application within the time allowed by the Board.
The Order to Pay is dated January 21, 2000. The deadline for filing the application was March 6, 2000. The Order advises an applicant that the review must be filed with the Ontario Labour Relations Board with the proper payment into trust and within the statutory time limit of 45 days (see section 68 of the ESA). The Order to Pay is in the amount of $490.04. The applicant paid $100.00 into trust on March 20, 2000, past the deadline. The first application filed with the Board was April 11, 2000, apparently forwarded to the Board from the Employment Practices Branch.
By letter dated April 14, 2000 the Board advised the applicant that its application was being returned, as it had not been filed in accordance with the Board’s Rules. That letter enclosed the proper form, the relevant Information Bulletin, and a copy of those Rules. The applicant was advised to file a properly completed application within 10 working days or the application might be terminated. Because of the Easter holidays, that deadline was not until May 2, 2000. As of the date of the Board’s decision on May 31, 2000 the Board had received no response.
The Board then received an application on June 2, 2000. It appears that the applicant was told it would need to make a request for reconsideration having regard to the fact that the Board had terminated the proceedings. On July 4, 2000 the Board received an incomplete request for reconsideration. By letter dated July 6, 2000 the applicant was so advised. To date no properly completed request for reconsideration had been filed.
Even assuming that a properly completed request for reconsideration had been filed, there is no basis on which to now allow this matter to proceed. The applicant has made representations that it was unable to file its application within the time prescribed because the person retained by the applicant, an accountant, had earlier been in a car accident and was then in the middle of tax season. Even allowing some leeway the application was not filed until June 2, 2000 after the Board had terminated the matter. The letter dated April 14, 2000 should have triggered some speedier attention to the matter. The time limit for filing an application is set by statute. It is not something to be readily or easily avoided or delayed.
There may be some concern as well regarding the payment into trust. The applicant treated all of the Order to Pay except the administration fee as a statutory deduction. Only the administration fee was paid into trust. I have some concern as to whether or not that meets the requirements of the statute to pay the amount of the Order to Pay into trust in order to be entitled to a review of that Order.
There is no basis from which to reconsider the decision dated May 31, 2000 terminating these proceedings. Even setting aside the earlier improper filing of the application, there is in any event, nothing in the representations of the applicant, even assuming it to be properly filed, that would cause the Board to extend the time limits for filing this application for review
This matter is hereby dismissed.
“M. A. Nairn”
for the Board