3135-99-ES John Doucet, Applicant v. Canadian Audiological Services, Jacqueline L. Amable, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; February 9, 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 the decision of Employment Standards Officer Jacqueline Amable refusing to issue an order to pay. The letter advising the applicant of the Officer’s decision was dated December 17, 1999. The applicant advised the Board by letter dated December 20, 1999 (which had been sent to the Ministry of Labour office in Sudbury) that was received by the Board on January 4, 2000 that he wished to apply for review.
2The applicant was advised by the Registrar’s Office by letter dated January 25, 2000 that his application was not made on the proper form and that he would have to file the application on the proper form in order to have it processed. The applicant filed the application on the proper form on February 7, 2000. The applicant also requested an extension of time for making the application if it was necessary to do so.
3It is clear that the application was filed, at the latest, on February 7, 2000. The applicant took immediate steps to seek review of the Officer’s decision, sending a letter to the Board, via the Ministry of Labour office in Sudbury, within three days of the Officer’s decision. Therefore, to the extent that it is necessary to do so, the Board, pursuant to section 68 (4) of the Act, extends the time for making this application for review to February 7, 2000.
Disposition
4The time for making this application for review is hereby extended to February 7, 2000, the date upon which the completed application on the correct form was filed with the Board.
5This panel of the Board is not seized with this matter.
"Harry Freedman"
for the Board