2948-99-ES Expeditors Canada Inc., Applicant v. Lesley Wroe and Ministry of Labour, Responding Parties.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; March 7, 2000
This is an employer request for review of an Order to Pay issued by an Employment Standards Officer on November 4, 1999. The application is made pursuant to section 68 of the Employment Standards Act ( the “Act”) as amended.
Pursuant to section 68 of the act, an application for review along with the payment as per the order to pay must be submitted within 45 days of the issuance of the order to pay. The application was due on December 20, 1999. The documentation indicating the intent to appeal was received by the Board on December 21, 1999 and the completed correct application form on February 3, 2000. The application is therefore on its face, untimely.
The Act provides that the Board may extend the time for applying if it considers it appropriate to do so. By letter dated February 15, 2000 the applicant requests such an extension on the basis that it issued the required payment within the 45 day period. A cheque in the required amount was dated December 17, 1999 and the receipt was dated December 21, 1999.
In addition the applicant was advised by the Registrar by letter dated January 6, 2000 that it had filed the application on the incorrect form as the Board forms had changed. In that letter the applicant was informed of a date upon which the corrected forms should be forwarded to the Board. The applicant could not have been aware of the form change based on the material it originally received from the Ministry office until it received the letter from the Registrar. The correct forms were completed, forwarded and received by the Board within the time frame set out in the Registrar’s letter.
In view of the fact that there was only a one day delay in filing the original documents including the payment and the fact that the applicant made clear and expedient efforts to comply with the time limit, I am prepared to exercise my discretion and extend the tine for filing of this application until February 3, 2000 the date upon which the corrected form was received by the Board.
“Marilyn Silverman”
for the Board