0817-00-ES Excel Tech Ltd., Applicant v. Wayne Pyle and Ministry of Labour, Responding Parties.
Employment Practices Branch File No: 52 006389
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; July 13, 2000
1. This is an employer request for review of Order to Pay No. 58587. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2. The Order to Pay issued on April 25, 2000. This application was received at the Board on June 12, 2000. Pursuant to section 68(3) of the Act a request for review of an order must be made within 45 days of the date of the order issuing. In this instance the 45th day was on June 9, 2000, and the application therefore appears on its face to be untimely.
3. From a review of the file it appears that the applicant sent its application, along with the requisite payment into trust, to the Ministry of Labour on May 31, 2000. It apparently took the Ministry from May 31st to June 12th to get the application to the Board. That was what made the application seem untimely.
4. The Board is satisfied that the applicant had every intention of, and indeed did, file a timely application. In these circumstances the Board exercises its discretion under section 68(4) of the Act to extend the time for filing the application to June 12, 2000, the date it was received at the Board.
“Gail Misra”
for the Board