Ontario Labour Relations Board
File No.: 3958-99-ES Employment Practices Branch File No.: 10003863
1161167 Ontario Inc. o/a Country Bagel, Applicant v. Mahin Ismailian and Ministry of Labour, Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; April 17, 2000
1This is an employer request for review of an Order to Pay issued by an Employment Standards Officer on February 14, 2000. The application is made pursuant to section 68 of the Employment Standards Act, as amended (the "Act").
2The application was sent to the Board on March 30, 2000, but was not received at the Board until March 31, 2000. The applicant also did not pay into trust the monies required to properly file an appeal until March 31, 2000. Pursuant to section 68 of the Act, an application for review, along with payment as per the Order to Pay, must be submitted within 45 days of the issuance of the Order to Pay. In this case, the 45th day was March 30, 2000. The application is therefore on its face untimely.
3The applicant has provided an explanation for being one day late in making the application and in making the required payment. In the circumstances, since the applicant sent the application to the Board on March 30, 2000, prior to the expiry of the deadline, the Board is satisfied that it is an appropriate case in which to exercise our discretion under section 68(4) to extend the deadline for the filing of this application to March 31, 2000.
"Caroline Rowan"
for the Board