Wilhelm Dreiser v. Linda Hummel et al and Ministry of Labour
File No.: 1352-00-ES Employment Practices Branch File No.: 11000746
Before: John Morgan Lewis, Vice-Chair.
Decision of the Board: October 6, 2000
1This is an employer’s application for review of an Order to Pay made pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E14, as amended (the “Act”).
2The Order to Pay was issued on June 6, 2000. The application for review was filed on August 4, 2000. The Board has been advised by the Director of Employment Standards that the applicant has failed to pay into trust the amount of the Order.
3Section 68(7) of the Act states:
- (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.
4The Act provides that an employer is not entitled to apply for review of an Order to Pay unless the wages and administrative costs required by the Order to Pay have been paid into trust pending the outcome of the appeal. I therefore have no discretion in this regard. The applicant has not paid into trust the monies required by the Order to Pay and 45 days have elapsed since the Order to Pay was delivered to the applicant. In these circumstances, the application does not meet the requirements of section 68(7) of the Act, and is hereby dismissed.
“John Morgan Lewis”
for the Board