Ann Warren v. Senior Citizens Council Peterborough and Ministry of Labour
2840-99-ES Ann Warren, Applicant v. Senior Citizens Council Peterborough and Ministry of Labour, Responding Parties.
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; January 24, 2000
1This is an employee request for review of an Employment Standards Officer’s decision dismissing her complaint. It is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The Officer’s letter was dated October 22, 1999. Section 68(3) of the Act requires that applications for review be filed within 45 days after the date of the letter advising of the refusal to issue an order in favour of the applicant. The 45th day in this case would have been on December 6, 1999. The application was filed on December 15, 1999 and is therefore untimely.
3Pursuant to section 68(4) of the Act the Board has the discretion to extend the time for applying for review if it considers it appropriate to do so. In this case my review of the application form shows that Ms. Warren signed the application form on November 9, 1999. The cover letter from counsel for Ms. Warren, which accompanied the application, indicates that that letter was prepared on November 10, 1999. It appears from counsel’s letter requesting an extension for the filing of this application that Ms. Warren may suffer from some medical problems which may have precluded timely filing of the application. In all of the circumstances of this case the Board is of the view that the applicant had formed the intent to file a timely application, but was for some reason unable to execute that intent. Since the application was in fact filed within 9 days of the deadline, there is no real prejudice to any other party. In the exercise of its discretion, the Board therefore extends the time for filing this application to December 16, 1999.
“Gail Misra”
for the Board