Ontario Labour Relations Board
File No.: 0128-00-ES Employment Practices Branch No.: 33 001514 Date: June 19, 2000
Applicant: Allkind Enterprises Inc. Responding Parties: Jim Ronaldson and Ministry of Labour
Before: Gail Misra, Vice-Chair.
Decision of the Board
1This is an employer request for review of Order to Pay No. 56037. It is filed pursuant to section 68 of the Employment Standards Act (the "Act").
2The Order to Pay issued on February 17, 2000. This application was filed with the Board on April 12, 2000. Pursuant to section 68(3) of the Act an application for review must be made within 45 days of the date of the order to pay issuing. In this instance the 45th day was on April 3, 2000 and this application is therefore on its face untimely. The applicant is seeking an extension for filing the application, and has paid the requisite monies into trust with the Director of Employment Standards.
3Pursuant to section 68(4) of the Act the Board has the discretion to extend the time for applying for a review if it considers it appropriate to do so.
Disposition
4Having considered the applicant's submissions the Board is satisfied that the applicant had formed the intent to appeal the Order very early on. It then made attempts to settle the matter directly with the Ministry of Labour office and asked for the assistance of the Office of the Ombudsman. In any event, the applicant eventually filed its appeal with the Board only nine days late and it paid into trust the required monies. In these circumstances the Board exercises its discretion to extend the time for filing this application to April 12, 2000.
"Gail Misra"
for the Board