1368-00-ES Accu-Tel Message Centres Inc., Applicant v. Ken Pauze, J. Schofield, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41008858
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; December 14, 2000
This is an application under section 68 of the Employment Standards Act (‘the Act’) for review of an Order to Pay.
In its application for review, the applicant paid an amount that was less than the amount of the Order to Pay on the basis of the applicant’s own calculations of the amount at issue. It is clear that the applicant could not unilaterally alter the amount of the Order to Pay and still meet the requirements of the Act. It must pay the amount of the Order to Pay in order for the Board to proceed with the review. The applicant was so advised by the Board (differently constituted) by decision dated November 27, 2000. The applicant was provided with time to make the proper payment and request an extension of time under section 68(4) for filing of the application once the proper payment was made. Paragraph 7 of the November 27, 2000 decision provides in part as follows:
“… If the payment is not made and proof of payment and explanation is not provided to the Board on or before December 12, 2000, this application will be dismissed”. …
The applicant was advised of the consequences of non-compliance and has failed to comply.
The application for review is hereby dismissed.
“Marilyn Silverman
for the Board