Ontario Labour Relations Board
3788-99-ES Denison Cold Storage & Distribution Inc., Applicant v. Kathleen Roxborough and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41008168
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 6, 2000
1This is an application under section 68 of the Employment Standards Act (the "Act") for review of Order to Pay No. 48874 dated January 31, 2000 issued by Employment Standards Officer Pauline Harris-Bernard.
2Subsections 68(3)(a), (4) and (5) provide as follows:
- (3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2).
3Pursuant to the Act the deadline for making this application was March 16, 2000. The application was received by the Board on March 20, 2000. By letter dated May 19, 2000 the Registrar advised the applicant employer that it appears the application was not filed in a timely manner, that is, within 45 days of the date of the order to pay. Counsel for the applicant employer acknowledged receipt of the May 19, 2000 letter but does not address the timeliness issue.
4A copy of the Order to Pay No. 48874 shows that as of January 31, 2000 the Ministry of Labour was still using the old forms which indicate that an application for review must be forwarded to the Registrar, Ontario Labour Relations Board, 400 University Avenue, 4th Floor, Toronto, Ontario, M7A 1V4 within 45 days of "the date of delivery or service of this order".
5The Board is no longer located at 400 University Avenue, having moved in December, 1998; section 68 of the Act was amended June 29, 1998 requiring appeals to be filed within 45 days of the date of the order to pay.
6The Employment Standards Officer sent a letter to the employee on February 3, 2000 advising her that the employer has 60 days to pay all monies or appeal the Order to Pay. It does not appear that the company was copied with this letter, however it does indicate a misstatement by the Employment Standards Officer of the requirements to file an appeal under section 68.
7In light of the confusing and misleading information contained in the documents originating from the Ministry I consider it appropriate to extend the deadline for filing this appeal to March 20, 2000 pursuant to section 68(4) of the Act.
"Inge M. Stamp"
for the Board