Ontario Labour Relations Board

2880-99-ES Shelley Dolson , Applicant v.Dr. Ursula Glackin and Ministry of Labour, Responding Parties.

BEFORE: Gail Misra, Vice-Chair.

DECISION OF THE BOARD; January 18, 2000

1. This is an employee request for review of an Employment Standards Officer’s decision that she was not entitled to termination pay in lieu of notice. The Officer’s decision is dated October 28, 1999. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).

2. An appeal must be filed within 45 days of the date of the issuance of an Officer’s order or decision. It appears that on December 8, 1999 Ms. Dolson faxed to the Board her intention to request an appeal. Thereafter she filed an appeal on December 20, 1999. However, since she had filed the incorrect forms, Ms. Dolson was sent new forms to complete. On January 7, 2000 Ms. Dolson filed her appeal on the correct forms.

3. The last day to file an appeal was on December 12, 1999. The application was not officially filed at the Board until January 7, 2000, and therefore may be seen to be untimely. Pursuant to section 68(4) of the Act the Board has the discretion to extend the time for filing applications for review. In this case I am satisfied that the applicant had expressed the intention to file an application for review in a timely manner as she had done so by December 8, 1999, which was before the 45 days had expired. It then took two attempts to file the proper application, but Ms. Dolson has done so. In the circumstances I find that this application is timely.

“Gail Misra”

for the Board