0423-00-ES Humpty’s Family Restaurant #63, Applicant v. Karen Thompson and Ministry of Labour, Responding Parties.

Employment Practices Branch File No.: 13003002

BEFORE: Inge M. Stamp, Vice-Chair.

DECISION OF THE BOARD; June 7, 2000

1This is an employer application for review of an Order to Pay #01 dated March 15, 2000. The applicant requests an extension to file this application. The deadline was May 1, 2000. The application was received May 5, 2000. The requisite payment pursuant to section 68(7) of the Employment Standards Act (the “Act”) has been made.

2By letter dated March 7, 2000 to Employment Standards, counsel for the applicant employer indicated that the employer would appeal any order for compensation. The employer had asked counsel to respond to a letter from Employment Standards dated March 3, 2000. It was the applicant’s understanding that any Order to Pay would be sent to the law firm that had been asked to deal with this matter. The applicant states that as soon as it was apparent that counsel had not received the Order to Pay the applicant sent the money and asked for an extension to file this application.

DISPOSITION

3In the circumstances the Board finds it appropriate to exercise its discretion under section 68(4) to extend the time limits for filing this application for review to May 5, 2000.

“Inge M. Stamp”

for the Board