Ontario Labour Relations Board
File No.: 0149-00-ES Parties: Roland H. White, Applicant v. Multistaff and Ministry of Labour, Responding Parties. Before: Gail Misra, Vice-Chair. Decision of the Board: June 13, 2000
DECISION OF THE BOARD
This is an employee request for appeal of a decision made by an Employment Standards Officer even though the Officer had made a finding in favour of the applicant. The application is made pursuant to section 68 of the Employment Standards Act (the "Act").
The Officer's letter to the applicant is dated February 23, 2000. This application was made on April 14, 2000. Pursuant to section 68(3) of the Act an application for review must be made within 45 days of the date of the letter. In this case the 45^th^ day was on April 10, 2000. The application is therefore on its face untimely.
On May 25, 2000, the Board advised the applicant in writing of the untimeliness problem and gave the applicant 10 days in which to provide reasons why the deadline should be extended. To date the applicant has failed to respond.
DISPOSITION
- Section 68(4) of the Act gives the Board the discretion to extend the time for applying for review if the Board considers it appropriate to do so. However, where the Board has nothing before it to explain the untimeliness of an application, it is unable to exercise its discretion. Therefore, in the absence of any explanation for the untimeliness of the application, and indeed no request for an extension of the time for filing, the Board finds the application untimely and it is hereby dismissed.
"Gail Misra"
for the Board