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Ontario Labour Relations Board
**File No.:** 3018-99-ES
**Date:** January 25, 2000
**Chun Chun Chen**, Applicant
v.
**Cinram Limited**, and **Ministry of Labour**, Responding Parties.
**Before:** David A. McKee, Vice-Chair.
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## DECISION OF THE BOARD
[1] This is an application for a review of a decision of an Employment Standards Officer pursuant to [section 68](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) of the [Employment Standards Act, R.S.O. 1990, Ch. E-14](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) (“the Act”). The decision of the Employment Standards Officer is dated November 24, 1999 and the application to review this decision was filed on January 6, 2000.
[2] The reasons given by the Officer for denying the claim are:
(a) that the claim was filed well beyond the six-month limitation period allowed by the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html);
(b) that the substance of this complaint is identical to a complaint filed with the Ministry on September 30, 1998 and disposed of in OLRB File 3155‑98‑ES.
[3] [Section 68(12)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) states as follows:
> 68. (12) The Chair of the Board may make rules to expedite decisions about the Board’s jurisdiction and such rules,
>
> (a) may provide that the Board is not required to hold a hearing; and
>
> (b) may limit the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions.
[4] Pursuant to section 68(12), various rules have been created. Rule 46 provides as follows:
> 46. Where the Board considers that an application does not make out a case for the orders or remedies requested, even if all of the facts stated in the application are assumed to be true, the Board may dismiss the application without a hearing or consultation. In its decision, the Board will set out its reasons.
[5] From a review of Board File 3155-98-ES, it would appear that there may be some substance to the objections raised by the Ministry of Labour. The applicant is directed to advise the Board by way of written submissions as to the basis on which he states the Board has jurisdiction to proceed in this claim. Such submissions shall be delivered to the Board no later than 5:00 p.m. on February 17, 2000. A copy is to be delivered to the Ministry of Labour at the same time at 400 University Avenue, 11<sup>th</sup> Floor, Toronto, Ontario, M7A 1T7, to the attention of Ms. Andrea Esson. The Ministry of Labour is directed not to respond to these submissions unless the Board directs it to do so.
“David A. McKee”
for the Board
minicounsel