Ontario Labour Relations Board
1440-00-ES Karla Green, Applicant v. 1380221 Ontario Ltd. o/a Petro Canada and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 43002185
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; August 21, 2000
1This is an employee request for review of an Employment Standards Officer’s decision denying her claim. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The letter denying the claim issued on June 30, 2000. Pursuant to section 68(3) of the Act an appeal must be filed within 45 days of the date of the letter issuing. In this case the 45th day was on August 14, 2000. The Board received the application on August 16, 2000 so that it is on its face untimely.
3Ms. Green appears to have mailed the appeal request on August 14th by ExpressPost. She also advised the Board in her cover letter that she was filing on the last possible day as she had unexpectedly given birth to her child on July 19, 2000 and had therefore not been able to file earlier. In the circumstances, and since the application is only two days late, the Board exercises its discretion pursuant to section 68(4) of the Act to extend the date for filing to August 16, 2000.
“Gail Misra”
for the Board