Ontario Labour Relations Board
File No.: 1783-00-ES Employment Practices Branch File No.: 41008732
Diana Kossev, Applicant v. Magicuts, and Ministry of Labour, Responding Parties.
Before: David A. McKee, Vice-Chair.
Decision of the Board; November 17, 2000
1This is an application for a review of a decision of an Employment Standards officer to refuse to issue an order, pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 ("the Act"). The applicant was advised by letter dated November 3, 2000 that the application had been filed past the time permitted by the statute. The applicant has written in response requesting an extension of the time limits for filing the application. She asserts that the reason she filed her application late was because she received a letter from the Board late. This explanation is not comprehensible in terms of what the Board has in its file, and may stem from the applicant’s lack of understanding of the process under the Act.
2The Board is an adjudicative tribunal. It is not the same as or an extension of the Ministry of Labour or any of the enforcement personnel of the Ministry. The Board’s first involvement with any dispute under the Act comes when an applicant files an application. In this case the Board opened a file on August 29, 2000 when it received this application. The officer’s letter is dated May 29, 2000. Therefore any application should have been filed on or before July 13, 2000. The Board needs an explanation as to why it was not filed on that date. It will only consider an explanation made in writing. The Board has no knowledge of what letters the applicant may or may not have received from the Ministry of Labour, whether in a timely fashion or not.
3The Registrar’s letter asks for an explanation about what happened prior to August 29, 2000. The Board has no knowledge from its own file. A decision to extend the date for filing the application or not will be made only when an explanation is received in writing from the applicant. The applicant is directed to provide her reasons for a request to extend the date for filing the application on or before December 14, 2000. If no such request is received from her by that date this application will be terminated without further notice to the parties.
“David A. McKee”
for the Board