1178-00-ES 1321867 Ontario Ltd. o/a Duke Windows, Applicant v. Oleg Sergeyev and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 34002294

BEFORE: Mary Ellen Cummings, Vice Chair.

DECISION OF THE BOARD; August 17, 2000

1By letter dated July 14, 2000, the employer advised the Ministry of Labour that it was seeking an application for review of an Order to Pay issued against it. The employer submitted a cheque to the Director of Employment Standards in trust in partial fulfilment of the application for review process. The Ministry of Labour issued the employer a receipt and forwarded the employer’s correspondence to the Ontario Labour Relations Board.

2The Board assumed that the employer was attempting to file an application for review pursuant to section 68 of the Employment Standards Act (the “Act”). It therefore sent the employer a letter dated July 28, 2000 indicating that the Board was unable to process the application as it had not been filed on the correct form and did not comply with the Board’s Rules of Procedure. The Board sent the employer a set of the appropriate forms and the pertinent rules, and directed that the employer had an additional twenty (20) working days in which to file its application properly.

3To date the Board has received nothing further from the employer. As the twenty (20) days have now passed, it would appear that the employer does not wish to file an application for review in this matter.

DISPOSITION

4This matter is hereby terminated.

5The Director is advised to pay out to Mr. Sergeyev the monies being held in trust as soon as practical.

“Mary Ellen Cummings”

for the Board