Ontario Labour Relations Board
1562-00-ES Cathey Dumas and Grant R. Bordman o/a The Chandlery, Applicant v. Heather Shantz and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61 005022
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; September 26, 2000
1The applicant has filed an application for review (Form A-69) under the Employment Standards Act (‘the Act’) of an Order to Pay issued by an employment standards officer dated July 10, 2000.
2Section 68 of the Act provides in part:
- …
(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.
3The applicant has not paid the monies into trust as required by section 68 of the Act. What the applicant has done is to provide a series of monthly post-dated cheques in the amount of $10.00 each for the period September 1, 2000 to September 1, 2001. This totals $130.00. The Order to Pay is in the amount of $1,409.41. This payment was made to the Employment Practices Branch on September 5, 2000.
4The Board is therefore not in receipt of a timely application accompanied by the requisite payment
5This matter is terminated.
“Marilyn Silverman”
for the Board