DirectQuote Insurance Agency Inc. v. Pearl Subhan, Bal Singh, Employment Standards Officer and Ministry of Labour
File No.: 3561-99-ES Employment Practices Branch File No.: 30013622 Before: Harry Freedman, Vice-Chair. Decision of the Board: May 9, 2000
1This 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 Order to Pay 56059 issued by Employment Standards Officer Bal Singh on January 17, 2000. The letter advising the applicant of the Order to Pay was addressed to the applicant at 3 Robert Speck Parkway, Suite 900, Mississauga. The applicant advised the Board by facsimile transmission dated March 2, 2000, which was apparently transmitted to the Board on that date that it wished to apply for review of the Order to Pay. It also asserted that it received notice of the claim only five days earlier and had not been invited to participate in the investigation meeting with Mr. Singh. The Board notes that the applicant’s address on that transmission was 1114 Bancroft Dr., Mississauga.
2The applicant was advised by the Registrar’s Office by letter dated March 9, 2000 that its application was not made on the proper form and that it would have to file the application on the proper form in order to have it processed further. The applicant filed the application on the proper form on April 5, 2000 and made the requisite payment to the Director in trust.
3Based on the material filed by the applicant, it is clear that the applicant notified the Board of its intention to seek review of the Order to Pay promptly after it became aware of the Order. That notification was received by the Board on the last day within which a timely application for review could be filed without the Board extending the time for making an application, but was processed on March 3, 2000. The Board treated the notification from the applicant as the actual application for purposes of fixing the date of application. It is also clear from the file material that there is some discrepancy between the address to which the Officer sent the Order to Pay and the address of the applicant. Finally, the applicant moved promptly to complete the proper application and make the requisite payment required under the Act to proceed with this application.
Disposition
4The time for making this application for review is hereby extended to April 5, 2000, the date by which the completed application on the correct form was filed with the Board and the payment was made to the Director in trust.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board