Ontario Labour Relations Board
File No.: 0094-99-ES George Terzis, Applicant v. Delta Plus and Ministry of Labour, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; January 12, 2000
Decision
1This is an employee request for review of a decision of an Employment Standards Officer dated March 5, 1999. The application is made pursuant to section 68 of the Employment Standards Act as amended (the "Act").
2In his decision the officer would not proceed with the claim on the basis that it was filed more than six months after the wages were due and owing. He cites the fact that the claim was filed and date-stamped July 7, 1998 and the amounts claimed were from October/November 1997.
3Section 82.3(1) of the Act provides:
82.3 (1) In a prosecution or proceeding under the Act, no person is entitled to recover money that became due to the person more than six months before the date on which the facts upon which the prosecution or proceeding is based first come to the knowledge of the Director.
4The applicant provided the Board with expense sheets and driver's logs dating from the period October and November 1997. These documents form the basis of the claim for wages owed. Correspondence from the representative for the applicant confirms by letter dated June 1999 [sic] that the remuneration claimed was owing from the fall of 1997. Accordingly the claim was filed and therefore came to the knowledge of the Director more than six months after the amounts claimed became due and owing.
5This matter is therefore terminated.
"Marilyn Silverman"
for the Board