Townley Apartments v. Thedore and Patsy Burt and Ministry of Labour
File No.: 2839-99-ES Applicant: Townley Apartments Responding Parties: Thedore and Patsy Burt and Ministry of Labour
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board: January 17, 2000
1This is an employer request for review of an order to pay issued by an Employment Standards Officer on August 15, 1999. The application is made pursuant to section 68 of the Employment Standards Act, as amended.
2The letter on the application was dated October 25, 1999 but not received by the Board until December 15, 1999. A cheque dated October 25, 1999 was enclosed with the letter and therefore the application is untimely. 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.
3The address on the application for review was in error and the applicant did make significant efforts as outlined in its letter of December 15, 1999 to make its application in a timely fashion. An acceptable letter of credit has been provided.
4As the application was originally made shortly after the expiry of the deadline and a reasonable explanation has been given, the Board is satisfied that this is an appropriate case in which to exercise the discretion under section 68(4) to extend the deadline for filing of the application to December 15, 1999.
"Marilyn Silverman"
for the Board