Pantuso Performance Centre Inc. v. David Heller, Patricia Kelly, Employment Standards Officer and Ministry of Labour
File No.: 3785-99-ES Employment Practices Branch File No.: 20034511
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 7, 2000
1This is an application for review under section 68 of the Employment Standards Act (the "Act"). By decision dated May 12, 2000 the parties were asked to make submissions with respect to whether the requisite payment had been made in order to proceed with this application. Submissions were to be made by June 5, 2000.
2No response has been received from the applicant as of June 6, 2000. On May 18, 2000 the Ministry advised the Board that both cheques received from the applicant employer were returned N.S.F. by the bank.
3The Ministry takes the position that the application for review of the Order to Pay should be dismissed.
4Section 68(7) of the Act and the Order to Pay make it clear that the application for review will no be processed without proof of payment from the Director of Employment Standards. The Board has no authority under the Act to proceed with this review without the requisite payment having been made.
5The deadline for making this application was April 14, 2000. The employer applicant has failed to comply with section 68(7) of the Act. To date there has been no response by the applicant to the Board's direction in the May 12, 2000 decision.
DISPOSITION
6The requisite payment pursuant to section 68(7) has not been made. In the circumstances this application for review is dismissed.
"Inge M. Stamp"
for the Board