Ontario Labour Relations Board
0751-00-ES 1286839 Ontario Limited, Applicant v. Peter Caira and Ministry of Labour, Responding Parties.
Employment Practices Branch No.: 32 006285
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; July 12, 2000
1. This is an employer request for review of Order to Pay No. 57252. It is made pursuant to section 68 of the Employment Standards Act (the “Act”).
2. The Order to Pay issued on April 20, 2000. The application was filed with the Board on June 8, 2000. Pursuant to section 68(3) of the Act a request for review of an order must be made within 45 days of the date of the order issuing. In this case the 45th day was on June 5, 2000, and the application is therefore on its face untimely.
3. Section 68(4) gives the Board the discretion to extend the time for filing an application if it considers it appropriate to do so. In this case the applicant paid the requisite monies into trust and the application was filed three days late. Given the short delay in filing, the Board hereby exercises its discretion and extends the time for filing to June 8, 2000.
“Gail Misra”
for the Board