Ontario Labour Relations Board
0146-00-ES Dr. Kevin F. Brown, Applicant v. Denise Foley and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 41 008457
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; June 19, 2000
This is an employer request for review of Order to Pay No. 51398. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
The Order to Pay issued on February 24, 2000. This application was made on April 13, 2000. Pursuant to section 68(3) of the Act an application for review of an order to pay must be made within 45 days of the issuance of the order. In this instance the 45th day was on April 9, 2000, so that the application is on its face untimely. The applicant paid into trust the amount of the Order minus statutory deductions.
By a letter dated May 26, 2000 the Board advised the applicant that the application was untimely and that if it wished to seek an extension it needed to provide the Board with the reasons why an extension should be granted. The applicant had 10 working days in which to respond. To date the Board has received nothing.
DISPOSITION
- Section 68(4) of the Act gives the Board the discretion to extend the time for applying for review if the Board considers it appropriate to do so. However, where the Board has nothing before it to explain the untimeliness of the application, it is unable to exercise its discretion. Therefore, in the absence of any explanation for the untimeliness of the application, and indeed no request for an extension of the time for filing, the Board finds the application untimely and it is hereby dismissed.
“Gail Misra”
for the Board