1324-00-ES Unlimited Ideas, Applicant v. Ministry of Labour, Responding Party.
Employment Practices Branch File No. 40 011025
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; September 26, 2000
1This is a purported employer appeal filed under section 68 of the Employment Standards Act (‘the Act’).
2The date of the Order to Pay issued by the employment standards officer is June 14, 2000. By letter dated July 24, 2000 the employer indicated its disagreement with the officer’s decision. That letter was not in the proper form as contemplated by the Board’s Rules of Procedure. The applicant was so advised by the Registrar by letter dated August 9, 2000. In that correspondence the Registrar also advised that the applicant had 10 days from August 9, 2000 to file a proper application. The proper form (A-69) was received by the Board outside of that time frame on September 13, 2000. There is no evidence of the payment as required under the Act.
3Section 68 of the Act provides in part that:
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(3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2).
(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2).
(6) An application for a review must be in writing.
(7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
4The application does not appear to have been filed in a timely manner. The applicant shall have 10 days from the date of this decision to provide the Board with proof of the payment and if it wishes, to request an extension of time for the filing of this application.
5I remain seized to deal with any extension request arising out of this decision.
“Marilyn Silverman”
for the Board