Ontario Labour Relations Board
File No.: 3501-99-ES Employment Practices Branch File No.: 32005154
Vladimir A. Ponomarenko A Director of World Imperial Jewellery Inc., Applicant v. Tatiana Zilbermand, Natalia Sipitsyna and Ministry of Labour, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; March 21, 2000
1An application for review of an order to pay was filed on October 19, 1999. However the applicant has not paid the monies into trust as is required by section 68 of the Employment Standards Act as amended by the Economic Development and Workplace Democracy Act, 1998, S.O. 1998, c. 8. The applicant seeks a review of the Order to Pay without paying the money into trust.
2Section 68 of the Employment Standards Act as amended, provides in part, as follows:
- (3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67(2).
(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72(2).
(6) An application for a review must be in writing.
(7) 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.
3Subsection 68(3) of the Employment Standards Act as amended, requires that an application for review be made within 45 days after the date of the Order to Pay. Subsection 68(7) states that an application for review of an order to pay is not properly made unless the monies are paid into trust.
4This matter is terminated.
"Mary Ellen Cummings"
for the Board