0711-00-ES Jaima Corporation, Applicant v. Ministry of Labour, Responding Party.
Employment Practices Branch File No. 20034682
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; June 30, 2000
[1]. This is an application for a review of a decision of an Employment Standards Officer to issue an Order to Pay pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 ("the Act"). The Order to Pay was issued on April 7, 2000. The applicant appears to have paid the monies set out in the Order on or about May 31, 2000. However, no application was received by the Board. The Board opened a file when the Ministry of Labour forwarded a statement of this payment to the Board indicating it understood that the applicant wished to “appeal” the Order. The Registrar sent a notice to the applicant advising that, if an application was being made, it would have to be made on the proper form and provided the applicant with a copy of that form. By a second letter, the Registrar advised the applicant that the transmission from the Ministry , if that was to be treated as an application, had been received after the 45‑day limit for the filing of such an application. If the applicant wished to request an extension of the time for filing an application, it would have to do so in writing. The applicant was directed to respond to both of these letters on or before June 21, 2000. The Board has received nothing from the applicant.
[2]. In the circumstances, the Board concludes that the applicant has never in fact made any indication that it wishes to make an application for review of the Order to Pay to the Board. The “application” is dismissed and the Director is directed to pay out the monies held in trust forthwith.
“David A. McKee”
for the Board