1291-00-ES 383733 Ontario Corp. o/a Skyway Business Machines, Applicant v. Ministry of Labour, Responding Party.

Employment Practices Branch File No. 43002311

BEFORE: Mary Ellen Cummings, Alternate Chair.

DECISION OF THE BOARD; August 15, 2000

1. This is an employer appeal of an Order to Pay.

2. The 45-day time limit for filing an appeal expired on July 27, 2000. The application and proof of payment were not received by the Board until August 3, 2000.

3. As is the usual practice, the Board sent a letter to the applicant, indicating that its appeal appeared to be untimely, and inviting either an explanation or a request for an extension.

4. The applicant’s representative explained by letter that the material was sent by Registered Mail on July 27, 2000 and in the applicant’s view, the material was provided within the time limits.

5. In the Board’s view, the applicant is wrong. Whatever the applicant’s intentions, the material did not arrive at the Board until after the 45-days expired. However, the Board has discretion pursuant to section 68(4) of the Employment Standards Act to extend the time for applying for review “… if it considers it appropriate to do so”.

6. I conclude that it is appropriate in this case.

DISPOSITION

7. The time for applying for review is extended.

“Mary Ellen Cummings”

for the Board