John N. Hung Deu v. Allied Partners Insurance Agency Ltd. and Ministry of Labour
File No.: 1830-00-ES Employment Practices Branch File No.: 30 014264 Date: October 11, 2000
Before: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD
1This is an application for review of an Officer's decision not to issue an Order to Pay pursuant to the Employment Standards Act.
2The applicant filed his application 2 days beyond the statutory 45 day time limit set out in section 68 (3). Section 68(4) gives the Board the discretion to relieve against late filing, if the Board considers it appropriate to do so.
3The applicant explained that although he was aware of the time limits, he did not realize that he had to file his application with the Board, rather than with the Employment Standards Officer with whom he had been dealing. The decision letter that the applicant received from the Officer identifies the time limits, but does not indicate where the appeal must be made. It appears that the applicant sent what would have been a timely appeal to the Officer.
4Having regard to the reasons given, and that the application was made only two days late, the Board considers it appropriate to extend the time limits, and treat this application as timely.
DISPOSITION
5The time limits are extended. This application is therefore timely.
"Mary Ellen Cummings"
for the Board