3022-99-ES Success Driver Training Inc., Applicant v. Janice Brown, Cheryl Starr, Employment Standards Officer, Responding Parties.

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; February 10, 2000

1This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the "Act") for review of Order to Pay No. 54254 dated November 17, 1999 issued by Employment Standards Officer Cheryl Starr. The application was filed with the Board on February 3, 2000.

2The applicant, by letter dated January 7, 2000 addressed to the Board sought to make an application for review of the Order to Pay. In that letter, the applicant stated that it was seeking an extension of time within which to make the application as the principal of the applicant, shortly after receiving the order, was required to fly out of the country to deal with a family emergency.

3Section 68 (3) (a) of the Act requires that an application for review of an order to pay be made within 45 days after the date of the order. Section 68 (4) of the Act permits the Board to extend the time for applying for review if it considers it appropriate to do so.

4After the Board received the applicant’s letter of January 7, 2000, the Registrar forwarded the applicant the correct forms and necessary material to make a proper application for review under section 68 of the Act. The applicant did so promptly, and in response to a second letter from the Registrar seeking its submissions with respect to whether the Board should extend the time for applying for review, filed submissions in support of his request for an extension.

5The applicant explained that in addition to the family emergency that required immediate attention, the claimant’s file had gone missing and the applicant had attempted to locate the file. Under the circumstances, the Board is satisfied that the applicant has moved promptly to make the application, and was unable to do so within the time fixed by the Act because of the family emergency that the required the attention of the applicant’s principal.

Disposition

6The Board, pursuant to section 68 (4) of the Act, considers it appropriate to extend the time for making the application for review of Order to Pay No. 54254 to February 3, 2000, the date upon which the application in the proper form was filed with the Board.

7This panel of the Board is not seized with this matter.

“Harry Freedman”

for the Board