Millenium Paper Converters Inc. v. Ministry of Labour

2417-00-ES Millenium Paper Converters Inc., Applicant v. Ministry of Labour, Responding Party.

BEFORE: John Morgan Lewis, Vice-Chair.

DECISION OF THE BOARD; December 21, 2000

[1]. This is an application for a review of an Order to Pay. The application and the monies required by section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 (the “Act”) were filed on November 14, 2000. On December 12, 2000 the Director of Employment Standards advised the Board that the cheque submitted by the applicant had been dishonoured by the bank.

[2]. As section 68 makes clear, the payment of monies is part of the application for review. At this time the application is incomplete and has not been properly filed. If the applicant wishes to continue with this application, it will be required to deliver to the Employment Standards Branch a certified cheque in the amount of $2670.80, and provide a copy of this cheque to the Board. In addition, since the filing of the application will then be beyond the 45 days from the date of the Order to Pay, the applicant will have to provide the Board with a request for extension of the time to file. In the circumstances, the Board would only require from the applicant an explanation of why the cheque was dishonoured and, more importantly, why this defect was not remedied as soon as the applicant was notified by its bank (by monthly statement or otherwise). If this is not done by January 21, 2001, this matter will be terminated.

“John Morgan Lewis”

for the Board