Mipps Systems Solutions Inc. v. Valerie Vautour and Ministry of Labour
2915-99-ES Mipps Systems Solutions Inc., Applicant v. Valerie Vautour and Ministry of Labour, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; February 7, 2000
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of Order to Pay No. 32601. The Order to Pay is dated November 20, 1995. The application for review is dated December 17, 1999 and was received by the Board on December 23, 1999. A cheque in the amount of $1,917.75 payable to the Director of Employment Standards was received by the Board and forwarded to the Employment Standards Branch on January 13, 2000.
2On January 21, 2000 the Registrar advised the applicant employer that this application for review appeared to be untimely and requested submissions as to why this application should be considered timely or reasons as to why the Board should extend the time limit for filing this application.
3In response to the Registrar’s letter the employer filed documentation and correspondence with respect to an ongoing court case involving, it would appear, the same workplace parties who are the subject of the Order to Pay. The employer has also filed correspondence from 1995 and 1996 seeking to stay the employment standards proceeding or, alternatively, seeking an extension of time for filing its appeal. The employer has not provided the Board with any response from the Ministry of Labour to its requests.
4There is nothing in the file to indicate whether the Director of Employment Standards agreed to extend the time for filing this appeal in 1995 and/or in 1996. There is a question of who has jurisdiction to grant the extension in these circumstances, the Director of Employment Standards or the Board?
5The Ministry and the applicant employer are directed to make their submissions to the Board with copies to the other parties with respect to the issue of jurisdiction to extend the time for filing this application. Valerie Vautour is invited to make any submissions she may wish to make with respect to this issue with copies to the other parties.
6The Registrar is directed to send a copy of the documents filed by the applicant together with this decision to the Ministry and to Valerie Vautour. Submissions are to be filed with the Board and the other parties by February 25, 2000.
7I am seized (for the purpose of determining the preliminary issue but not necessarily on the merits).
“Inge M. Stamp”
for the Board