Mainline Services Inc. v. Stella Paschali, Caroline Burke, Employment Standards Officer and Ministry of Labour
File No.: 3257-99-ES Date: February 29, 2000
Before: Harry Freedman, Vice-Chair.
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 Order to Pay No. 56078 issued by Employment Standards Officer Caroline Burke. The Order to Pay was dated December 21, 1999.
2The applicant filed the application on the proper form and submitted what it calculated to be the proper amount of the order to pay in a timely fashion. However, the applicant had miscalculated the amount of the statutory deductions to be deducted from the gross amount ordered to be paid to the claimant. As a result of discussions between the applicant and officials within the Board’s offices, the applicant, by letter dated February 11, 2000, received by the Board on February 23, 2000 has, in fact, paid the correct amount to the Director in trust as required by the Act.
3Section 68 (7) of the Act provides:
“An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.”
The application was therefore not properly made until the amount required by the Order to Pay was in fact paid to the Director in trust. The Board received proof of that payment on February 23, 2000. Section 68 (4) of the Act provides, in part:
“…the Board may extend the time for applying for a review if it considers it appropriate to do so.”
4The applicant sought to make its application for review well within the time prescribed by the Act. Its failure to make the proper payment with that time resulted from an error in the calculation of the amount of the statutory deductions to be withheld. In these circumstances, to the extent that it is necessary to do so, the Board considers it appropriate to extend the time for applying for review of Order to Pay No. 56078 to February 23, 2000, the date upon which the Board received proof that the proper payment required by the Order to Pay was made to the Director.
5This matter is referred to the Registrar for further processing.
6This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board