0392-00-ES Recycling Renaissance International Inc., Applicant v. Ministry of Labour, Responding Party.
Employment Practices Branch File No. 40010621
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 15, 2000
This is an employer request for review of Order to Pay No. 54112 dated February 8, 2000. The deadline for filing an appeal is within 45 days of the Order to Pay, which in this case was March 24th, 2000.
On May 9, 2000 the Registrar of the Board advised the applicant that its application for review was being returned because the application had not been properly filed. The applicant had 10 working days in which to comply. The Employment Standards Act (the “Act”) also requires that in order for the Board to process an application for review of an Order to Pay payment must be made to the Director of Employment Standards in Trust before the Board can proceed with any application for review.
Sub-sections 68(3)(a) and (7) of the Act provide as follows:
- (3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(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.
- The Board received the following response dated May 19, 2000 to the Board’s letter of May 9, 2000:
VIA FAX (416) 326-7531
Mr. Tim Parker
Registrar
Ontario Labour Relations Board
505 University Avenue
2nd Floor
Toronto, Ontario, M5G 2P1
Dear Sir:
Re: Employment Standards File No.: 40010621
Your File No: 0392-00-ES
Your letter dated May 9, 2000 was received at our office on May 11, 2000. Mr. Bagambiire is out of the office on business until June 6, 2000.
Upon his return, I shall bring your correspondence to his attention immediately.
Yours very truly,
(“Janet Djan”)
Janet Djan
Legal Assistant
DB/jd
cc: Recycling Renaissance International Inc.
- The applicant has not filed a proper review in a timely manner as required by the Act. No confirmation of payment of the Order to Pay No. 54112 has been received from the Director of Employment Standards. No request has been made to extend the time for filing this appeal. Copies of the Rules and the correct application form (Form A-69) were sent to the applicant together with the May 9, 2000 letter. To date the applicant has not complied with the requirement under section 68 of the Act or the Board’s Rules of Procedure.
DISPOSITION
- Having regard to the above this application is dismissed.
“Inge M. Stamp”
for the Board