0740-00-ES Grace Meat Ltd., Applicant v. Robert Brown and Ministry of Labour, Responding Parties.
Employment Practices Branch No.: 32 006103
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; June 15, 2000
This is an employer request for review of Order to Pay No. 53149. The application is made pursuant to section 68 of the Employment Standards Act (the “Act”).
The Order to Pay issued on April 7, 2000. The application was filed with the Board on June 6, 2000, although it appears to have been delivered to a Ministry of Labour office on June 1, 2000. Pursuant to section 68(3) of the Act an application for review must be made within 45 days of the date an order issues. In this instance the 45th day was on May 22, 2000, so the application is on its face untimely.
The applicant has paid into trust the amount of the Order to Pay by a cheque dated May 30, 2000, and indicates that it filed late due to inadvertence.
Pursuant to section 68(4) of the Act the Board has the discretion to extend the time for applying for a review if it considers it appropriate to do so. In this case the delay in filing the application is quite short and the money has been paid into trust. The Board is satisfied that these are appropriate circumstances in which to extend the time for filing to June 6, 2000.
“Gail Misra”
for the Board