Academy of Learning - Oshawa v. Pat Campbell and Ministry of Labour
1375-00-ES Academy of Learning - Oshawa, Applicant v. Pat Campbell and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33 001631
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; October 10, 2000
This is an employer appeal filed under section 68 of the Employment Standards Act (‘the Act’).
The appeal is in the form of a letter dated July 19, 2000. The Order to Pay is dated June 13, 2000. After receiving that correspondence the Registrar forwarded a letter to the applicant advising that the application would not be processed in that form as the form did not comply with the Board’s Rules of Procedure. The applicant was further advised that a proper application would be considered were it filed within 10 working days from the date of the Registrar’s letter.
No proper from was made within that time frame and the application was terminated by the Board (differently constituted) by decision dated August 30, 2000.
By letter dated September 8, 2000, the applicant filed an application on the prescribed form indicating that the reason for the lateness was a “unique set of personal circumstances combined with illness”. There is no evidence of the required payment having been made.
Section 68 of the Act provides in part:
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(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.
The applicant shall have ten (10) days form the date of this decision to provide the Board with the receipt to prove that the required payment has been made within the 45 day time limit. In the event that the payment is or has been made beyond that time limit, the applicant will have to obtain an extension from the Board in order for the matter to proceed.
The decision of August 30, 2000 is reconsidered to the extent provided for in this decision.
“Marilyn Silverman”
for the Board