Rose A. Usman v. Metro Wide Personnel Inc. and Ministry of Labour
1421-00-ES Rose A. Usman, Applicant v. Metro Wide Personnel Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011230
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 20, 2000
Decision of the Board
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 a refusal to issue an Order to Pay. The letter advising the applicant of the refusal to issue the Order to Pay was dated June 30, 2000. The application for review was received by the Board on August 15, 2000, one (1) day after the forty-five (45) day time period prescribed by section 68(3) of the Act within which an application must be made.
2Section 68(4) of the Act permits the Board to extend the time for applying for review if the Board considers it appropriate to do so.
3The Registrar of the Board advised the applicant by letter dated October 6, 2000 that it appeared that the application was untimely and instruct the applicant to advise the Board why the application was timely or why the Board should extend the time for applying for review.
4The applicant replied by way of correspondence dated October 12, 2000. The applicant advised the Board that she had a number of conversations with the Employment Standards Officer dealing with this matter and was not aware of the requirement to file an appeal for review within the prescribed period of forty-five days until their last conversation. According to the applicant, she did not consider the matter finalized as she was under the impression that the Employment Standards Officer was still trying to fashion a settlement with the parties.
5Having considered the submissions of the applicant, the Board is satisfied that the applicant has provided sufficient reasons to explain a one-day lateness and it is appropriate to grant the extension. Pursuant to section 68(4) of the Act, the Board hereby exercises its discretion and extends the time for the filing of this application to August 15, 2000. This matter is referred to the Registrar.
6The panel of the Board is not seized.
"John Morgan Lewis"
for the Board