1996-00-ES Ms. L. A. Small, Applicant v. Tommy Cooks Restaurant and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; October 11, 2000
1This is an application for review of an Officer's decision not to issue an Order to Pay pursuant to the Employment Standards Act.
2The applicant filed her application 60 days beyond the statutory 45 day time limit set out in section 68 (3). Section 68(4) gives the Board the discretion to relieve against late filing, if the Board considers it appropriate to do so.
3The applicant explained that she was aware of the time limits, but was "out of town" for two months and did not receive the Officer's decision letter "on time". I note that the application for review is dated September 5, 2000, but was not received by the Board until October 5, 2000. The applicant has not explained the reasons for this one month delay.
4It appears that the applicant made no arrangements for dealing with mail in her absence. That is her choice, but she bears the consequences of it. Further, even when the applicant returned and read the Officer's letter, she did not move quickly to seek an extension of time. In all the circumstances, I am not satisfied that it is appropriate to extend the time limits.
DISPOSITION
5The time limits are not extended. This application is dismissed because it is untimely.
“Mary Ellen Cummings”
for the Board