0351-00-ES Rita Welker, Applicant v. Orlick Industries Limited and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 50009254
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; August 25, 2000
This is an employee request for review of the decision of an Employment Standards Officer denying her claim. It is made pursuant to section 68 of the Employment Standards Act (the “Act”).
The Officer’s decision issued on March 8, 2000. The application was filed on April 26, 2000. Pursuant to section 68(3) of the Act an appeal must be filed within 45 days of the date of the Officer’s decision issuing. In this case the 45th day was on April 25, 2000, so the application is one day late.
The Board has the discretion to extend the time for filing if it considers it appropriate to do so (see section 68(4)). In this case the applicant had clearly made the decision to appeal prior to the deadline for filing, and had sent her appeal by mail prior to the 45th day. The application is only one day late. In these circumstances the Board exercises its discretion to extend the time for filing to April 25, 2000.
“Gail Misra”
for the Board