1806-00-ES Nadia Primerano, Applicant v. Kitchen Designers Plus, Lesia Fadalti, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34002655
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; November 24, 2000
Nadia Primerano, by documents transmitted to the Board by facsimile transmission on September 15, 2000, requested a review of a decision by Employment Standards Officer Lesia Fadalti contained in a letter from the Officer dated August 1, 2000.
The Registrar of the Board, by letter dated October 3, 2000, advised Ms. Primerano that her application was being returned to her without the Board processing it “because the application was not filed on the correct form and/or because the application was sent to the Board by facsimile transmission.” It also advised Ms. Primerano that her application for review did not comply with the Board’s Rules of Procedure. The Registrar went on to state that the application had to be filed in accordance with the Board’s Rules and provided both the correct forms and other requisite information to enable an application to be filed properly.
Rule 17(a) of the Board’s Rules of Procedure provides:
The following may not be filed by facsimile transmission:
(a) applications;
The Registrar returned the application material to Ms. Primerano because the application cannot be filed with the Board by facsimile transmission.
The letter also stated in bold print that the application had to be filed within 10 working days of that letter and if it was not filed within that time, the application for review may be terminated.
The Board, as of the date of this decision, has not received any further material or correspondence from Ms. Primerano. Under these circumstances, there is no proper application before the Board.
Disposition
- Having regard to the time limit set by the Registrar in his letter to Nadia Primerano dated October 3, 2000 and Ms. Spurrell’s failure to file a proper application for review, this proceeding is terminated.
“Harry Freedman”
for the Board