0933-00-ES Darlene King, Applicant v. Chemong Lodge Tavern 1990 Ltd., Tina Howden, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 21104081
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; September 6, 2000
This is an employee application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of the Employment Standards Officer, Tina Howden’s decision of May 26, 2000.
That decision states as follows:
You have filed a claim which has passed the 6 month limitation date legislated under the Employment Standards Act which states:
Section 82.3 (1) In a prosecution or proceeding under the Act, no person is entitled to recover money that became due to the person more than six months before the date on which the facts upon which the prosecution or proceeding is based first come to the knowledge of the Director.
Accordingly, we have no authority under the Act to proceed with this claim.
- From the materials filed there does not appear to be any dispute that the claim was in fact filed after the six month limitation date. In the circumstances the Board is without jurisdiction to hear this appeal.
DISPOSITION
- This matter is hereby terminated.
“Inge M. Stamp”
for the Board