Court File and Parties
File No.: 2054-00-ES Employment Practices Branch File No.: 51077700
Applicant: Mark Habinski Responding Parties: Fabhaven Industries and Ministry of Labour
Before: Inge M. Stamp, Vice-Chair.
Decision of the Board: November 27, 2000
Decision
1This is an employee application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of an Employment Standards Officer’s decision.
2The officer’s letter denying the applicant’s further claim to overtime pay beyond what had already been paid, is dated July 20, 2000. This application was filed October 10, 2000. Pursuant to section 68(3) of the Act an application for review must be made within 45 days after the date of the decision (or order). This information is shown on the bottom of the officer’s letter denying the claim. The deadline for making this application was September 4, 2000.
3The Board has discretion to extend the time for applying if the Board considers it appropriate to do so. The Registrar of the Board wrote to the applicant on November 3, 2000 advising him that his application was not filed in a timely manner. The last paragraph of the November 3, 2000 letter states:
If you believe that your application has been filed in a timely manner, or if you wish to seek an extension of time for applying for a review, you must advise the Board in writing within ten (10) days of the date of this letter, setting out, in detail, your reasons why the application should be considered timely and/or why an extension of time for filing ought to be granted.
4The applicant wrote to the Board on November 10, 2000. In his response Mr. Habinski reiterated his position with respect to the overtime pay he believed he was entitled to. The applicant does not address the issue of delay in filing his application for review.
5Having reviewed the applicant’s submissions the Board does not find it appropriate to extend the time for filing this application.
Disposition
6This matter is dismissed as untimely.
“Inge M. Stamp”
for the Board