Ontario Labour Relations Board
File Nos.: 2813-99-ES; 3234-99-ES Employment Practices Branch File No.: 32004546 Date: May 18, 2000
Between: All Three West Indian Restaurant, Applicant v. Deloris Small and Ministry of Labour, Responding Parties.
Before: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD
1Board File No. 3234-99-ES (application date February 2, 2000) was opened in error when documents for Board File 2813-99-ES were received from the applicant. This file is closed.
2Board File 2813-99-ES is an application for review of an Order to Pay issued against the applicant, All Three Way Indian Restaurant. Order to Pay No. 53205 in the amount of $13,200.00 was issued July 14, 1998. The application for review is dated December 13, 1999.
3The OTP clearly sets out under what conditions an appeal may be made. It has to be made within 45 days of the service of the order. The OTP states: The application will not be processed without proof of payment from the Director. The Board may extend the 45 day period, however the Board cannot consider this application including whether or not to extend the time period for filing the appeal until such time as the Director of Employment Standards confirms payment of the monies owing.
4This application was terminated on January 25, 2000 as the applicant had not responded to correspondence dated December 20, 1999 from the Registrar of the Board. On January 26, 2000 the applicant advised the Board it had not received the correspondence from the Registrar. A further set of documents, including the Board’s Rules of Procedures and a copy of Information Bulletin No. 23 was sent to the applicant.
5The application was filed on the correct forms and received by the Board on February 1, 2000. The Board notes that the Application for Review is filed as a Director’s appeal however the OTP No. 53205 is issued against the company, not against a director of the company.
6The official receipt from the Ministry of Labour indicates that to date $266.74 has been collected by the collection agency in payment of OTP No. 53205. The total outstanding is $13,200.00. The Board cannot consider whether in the circumstances the time period for making this appeal should be extended since the payment required under the Employment Standards Act has not been made.
7Paragraph 4 of the Board’s decision dated January 31, 2000 states:
- When the applicant has complied with the rules and resubmitted the application the Board will review the matter. If the applicant does not comply with the rules and forward the appropriate documents within 20 working days from the date of this decision this matter will remain terminated.
8The OTP is dated July 14, 1998. The application for review is dated December 13, 1999 some considerable time after the 45 day period for making this application. There is no proof of payment from the Director that the amount of $13,200.00 has been paid. As of May 18, 2000 the applicant has not compiled with the requirements to file an appeal under the Employment Standards Act.
DISPOSITION
Board File No. 2813-99-ES
9This matter remains terminated.
Board File No. 3234-99-ES
10This file is terminated.
“Inge M. Stamp”
for the Board