Ontario Labour Relations Board
File No.: 0220-00-ES Employment Practices Branch No.: 42 003295 Date: May 17, 2000
Between: DTM Schmid Consultants Inc., Applicant v. Rami Killisley and Ministry of Labour, Responding Parties.
Before: Gail Misra, Vice-Chair.
Decision of the Board
1This is an employer request for review of Order to Pay No. 58785, issued on March 10, 2000. The application is made pursuant to section 68 of the Employment Standards Act (the "Act").
2The original application was made on April 18, 2000, and as such would have been timely since it had been filed within 45 days of the issuance of the Order (see section 68(3)(a) of the Act). However, the applicant has advised the Board that it cannot pay into trust the amount of the Order, and to date has not done so. The application for review had to be filed, and the monies had to be paid into trust with the Director of Employment Standards by April 24, 2000 (the 45th day) in order for this application to be timely.
3Section 68(7) of the Act 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.
4The 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 matter. In this case the applicant has not paid into trust the monies required by the Order to Pay and the 45 days have elapsed since the Order to Pay issued. In these circumstances the application does not meet the statutory requirements of section 68(7) of the Act, and is therefore hereby dismissed.
"Gail Misra"
for the Board