3023-99-ES Chandrika Thalavee, Applicant v. Mackenzie Financial Institution (Corporation), John Emmett, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; February 9, 2000
This 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 the decision of Employment Standards Officer John Emmett refusing to issue an order to pay. The letter advising the applicant of the Officer’s decision was dated November 19, 1999. The applicant filed his application for review on January 7, 2000.
The Registrar advised the applicant by letter dated January 17, 2000 that it appeared as if the application had not been filed with the Board within the time required by section 68 (2) (b) of the Act, that is, within 45 days of the date of the letter advising the applicant of the Officer’s refusal to issue an order. The letter from the Registrar goes on to advise the applicant that if he believed that the application had in fact been filed in a timely manner or if the applicant wanted the Board to extend the time for making an application, he must advise the Board in writing within 10 days of the date of the letter the reasons for considering the application timely or why the Board should extend the time for making the application. As of the date of this decision, the applicant has not provided any submissions to the Board in response to the Registrar’s letter.
The letter advising the applicant that the Officer had refused to issue an Order to Pay was dated November 19, 1999. The time for making an application to review the decision refusing to issue an Order to Pay expired 45 days from November 19, 1999, that is, January 4, 2000. The applicant has not sought an extension of time to make the application nor has he responded in any way to the letter from the Registrar. Under these circumstances, there is no basis for the Board exercising its discretion under section 68 (4) of the Act to extend the time for applying for a review the Officer’s decision.
Disposition
- This application for review of the Officer’s decision refusing to issue an Order to Pay is dismissed as it was made after the time established by section 68 (3) (b) of the Act for making an application.
“Harry Freedman”
for the Board