Ontario Labour Relations Board
File No.: 2329-00-ES Employment Practices Branch File No.: 41008984
Stephen R. Kennedy, Applicant v. AMPM MFC. – Division of 1096999 Ontario Inc. and Ministry of Labour, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; January 3, 2000
1This is an application brought pursuant to section 67 of the Employment Standards Act (the "ESA") for review of an Order to Pay apparently issued on September 18, 2000. By letter dated December 18, 2000 the Registrar of the Board advised the applicant that it appeared that the application was untimely and requested submissions in that regard. The applicant has responded by letter dated December 28, 2000.
2The deadline for filing was November 2, 2000. The application was filed on November 6, 2000. The letter to the applicant from the Employment Standards Officer advising of her findings is postmarked September 22, 2000 and in the body of the letter there is a statement that no further action can be taken on the file until November 6, 2000. That represents a 45-day period. That reference follows the information that either party has 45 days to appeal the decision of the Officer. The applicant notes that it took him some time to get the proper application for review and it is unclear whether the applicant had a copy of the Order to Pay, as he has not identified its number. Given the short delay and the possible confusion generated by the reference to November 6, 2000, I am satisfied that it is appropriate in the circumstances to extend the time for filing this application.
3The deadline for filing this application is hereby extended to November 6, 2000. The application is therefore timely. The file is hereby referred to the Registrar for processing in the normal course.
"M. A. Nairn"
for the Board