Ontario Labour Relations Board
0372-00-ES 898056 Ontario Limited o/a E.G. Dent & Sons, Applicant v. Robert Bouchard and Ministry of Labour, Responding Parties.
Employment Practices Branch No.: 11 000646
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; June 13, 2000
1This is an employer request for review of Order to Pay No. 56408, which issued on March 13, 2000. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The Board received the application on May 4, 2000. Pursuant to section 68(3) of the Act, an application must be filed within 45 days of the date of the Order issuing. In this case the 45^th^ day was on April 27, 2000. Thus, on its face the application is untimely. That however is not the most significant problem with this application.
3The applicant never provided the Board with a copy of a receipt indicating that it had paid the amount of the Order into trust with the Director of Employment Standards.
4By a letter dated May 10, 2000 the Board wrote to the applicant to inform it that the Board would not proceed with the review unless payment was made into trust, and that the failure to pay the monies into trust within the 45-day time limit rendered the application untimely. The applicant was given ten days to perfect its application and to explain why the deadline for the filing of the application should now be extended. While the Board received from the applicant an extensive submission dated May 11, 2000, no payment was apparently made to the Director of Employment Standards. As of June 12, 2000 the office of the Director of Employment Standards has advised the Board that the applicant has still not paid the requisite money into trust, nor arranged an acceptable letter of credit.
5Section 68(7) of the Act states:
- (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
DISPOSITION
6As is indicated above, the Act provides that an employer is not entitled to apply for review of an order to pay unless the wages and administrative costs required by the order have been paid into trust pending the outcome of the appeal. The Board has no discretion in this regard. Despite the Board’s attempt to assist the applicant in understanding the nature of the problem with the application, the applicant has still not paid the monies into trust, and more than 45 days have elapsed since the Order to Pay issued. In these circumstances, the application does not meet the requirements of section 68(7) of the Act, and is therefore hereby dismissed.
“Gail Misra”
for the Board