3087-99-ES Laureen’s Grocery and Gas, Applicant v. Sylvia Stuart, and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 13 002936

BEFORE: David A. McKee, Vice Chair.

DECISION OF THE BOARD; March 24, 2000

[1]. By letter dated January 4, 2000, the employer advised the Director of Employment Standards 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.

[2]. The 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 February 8, 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.

[3]. To 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

[4]. This matter is hereby terminated.

“David A. McKee”

for the Board