1373-00-ES Timothy Tennant o/a Tri-Star Athletics, Applicant v. Jeff Turner and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 60 001973
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; October 20, 2000
1This is an employer request for review of Order to Pay No. 27042. It is filed pursuant to section 68 of the Employment Standards Act (the "Act").
2In its decision of August 25, 2000, the Board had requested submissions from the Ministry of Labour and the employee, Mr. Turner, regarding the applicant's request for an extension for the filing of this application for review. While the Board has received submissions from the Ministry, none have been received from the employee. However, since the Board is satisfied that Mr. Turner has had an opportunity to express his views, it will proceed in the absence of any submission from him.
3The Director of Employment Standards has advised the Board that it is satisfied that the amount of the Order to Pay has been paid into trust.
4In the August 25th decision the Board outlined the bases upon which the applicant is seeking an extension for the filing of this application. Pursuant to section 68(4) of the Act the Board has the discretion to extend the time for applying for review if it considers it appropriate to do so.
5In this case Mr. Tennant apparently contacted the Employment Standards Officer to take issue with the Order right after it was issued. For some reason there was no activity with respect to the Order thereafter, and for a further four years. Not surprisingly, Mr. Tennant took no further steps. However, as soon as he began to be approached by a collection agency in March 1999, Mr. Tennant refused to pay until he had had a hearing into the legitimacy of Mr. Turner's claim and the Order. At this stage it appears that the Ministry of Labour supports Mr. Tennant's request for an extension of the time limit. As noted above, Mr. Turner has not opposed the extension.
6In these circumstances the Board exercises its discretion to extend the time for filing in order to make this application timely.
"Gail Misra"
for the Board