Ray Zimmerman o/a For Pizza Sake v. Kelly Winter and Ministry of Labour
0420-00-ES Ray Zimmerman o/a For Pizza Sake, Applicant v. Kelly Winter and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 51 077420
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; June 14, 2000
1This is an employer request for review of Order to Pay No. 57988. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2The Order to Pay issued on March 15, 2000. This application was filed with the Board on May 8, 2000. Pursuant to section 68(3) of the Act an application for review must be made within 45 days of the issuance of the Order to Pay. In this instance the 45th day was on May 1, 2000, and the application is therefore on its face untimely. Further, the applicant has not provided the Board with proof that it has paid into trust with the Director of Employment Standards the amount of the Order.
3By a letter dated May 17, 2000 the Board requested that the applicant provide it with a receipt indicating that the monies had been paid into trust. No receipt was provided. Again on May 25, 2000 the Board advised the applicant by a letter that it could not proceed with the application unless the amount of the Order was paid into trust. The applicant was given 10 days to perfect the application, and to explain why the application had been filed late. To date the Board has received no indication that the Director of Employment Standards has received the amount of the Order to Pay, nor any explanation for the late filing of the application.
4Section 68(7) states:
- (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
DISPOSITION
5As is indicated above, the Act provides that an employer is not entitled to apply for review of an order to pay unless the wages and administrative costs required by the order have been paid into trust pending the outcome of the appeal. The Board has no discretion in this regard. The applicant has not paid the monies into trust, and more than 45 days have elapsed since the Order to Pay issued. In these circumstances, the application does not meet the requirements of section 68(7) of the Act, and is therefore hereby dismissed.
“Gail Misra”
for the Board