0527-00-ES Great White Productions Inc., Applicant v. Jeffery Davidson and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52 006491
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; July 11, 2000
1This is an employer request for review of Order to Pay No. 58581, which issued on March 30, 2000. The appeal is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The application was filed on May 16, 2000. Pursuant to section 68(3) of the Act an application 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 May 15, 2000 so the application appears to be one day late.
3Section 68(4) grants the Board the discretion to extend the time for filing of late applications where the Board considers it appropriate to do so. In this case the cheque paying the requisite monies into trust with the Director of Employment Standards is dated May 11, 2000, and the application was mailed on May 11, 2000. Given the vagaries of the mail the application did not arrive at the Board until May 16, 2000, and was therefore one day late. The applicant had clearly intended that the application be filed in a timely manner, and in any event, it was only one day late.
4In these circumstances the Board extends the time for filing this application to May 16, 2000.
“Gail Misra”
for the Board