1489-00-ES Bruce Edmeades Sales Limited, Applicant v. Mark Lichti , Barry Nevin and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 60007136
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; August 23, 2000
This is an employer appeal of Order to Pay No. 55285. It is filed pursuant to section 68 of the Employment Standards Act (the “Act”).
The Order to Pay issued on March 29, 2000 and this appeal was filed on August 21, 2000. Pursuant to section 68(3) of the Act an appeal must be filed within 45 days of the issuance of the Order. On its face this application is therefore extremely untimely. The applicant has requested that the Board extend the time for filing based on its convoluted but largely unsubstantiated explanation for the delay. Since the applicant has made several references that implicate the Employment Standards Officer in the delay it seems appropriate in this instance to seek submissions from the Ministry of Labour prior to deciding the timeliness issue.
The Ministry has 15 days from the date of this decision to advise the Board, with copies to the other parties, of its position on the request to extend the time to file this application. The applicant and/or the Ministry of Labour are also directed to provide the Board with proof of payment into trust of the amount of the Order, as without such proof of payment this application cannot proceed in any event. The Board will consider the matter further after the deadline for filing submissions has passed.
“Gail Misra”
for the Board