Carmelle Pharand v. Infirmières de l’Ordre de Victoria and Ministry of Labour
File No.: 0517-00-ES Employment Practices Branch File No.: 23000791
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; June 26, 2000
1This is an employee appeal from an Officer's refusal to issue an order to pay for termination and severance pay. The Officer determined that the employee had brought the complaint more than six months after any entitlement to the termination and severance pay arose (section 82.3 of the Employment Standards Act). The Officer's letter is dated November 24, 1999.
2The applicant sought review of that decision in an application dated January 31, 2000 but not received by the Board until May 15, 2000. The application was not filed on the correct forms, and more important, appears to have been filed outside the 45 day time limit for appeals set out in section 68.
3On May 17, 2000 the Board wrote to the applicant setting out that it appeared her application was untimely, and inviting her to either explain that it was timely, or to seek an extension of time. The applicant was directed to respond within 10 days.
4To date, the applicant has not responded.
DISPOSITION
5This matter is terminated. The application was filed outside of the 45 day appeal period, and the applicant has not sought an extension, although given the opportunity to do so.
“Mary Ellen Cummings”
for the Board