Ontario Labour Relations Board
1338-01-ES Lorelei Foote, Applicant v. Bernard LePage and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 11001160
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; August 31, 2001
1This is an application for review of a decision of an employment standards officer filed under section 68 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended (the "Act") for the refusal to issue an Order to Pay. The claim is for wages and vacation pay. The date of the letter advising of the refusal was April 27, 2001. A timely review of the Order would have been made on or before June 11, 2001. The date of the application for review is August 7, 2001. Therefore the application for review was filed 57 days late.
2The applicant requests an extension of time for filing the application. Section 68(4) of the Act provides in part:
… the Board may extend the time for applying for a review if it considers it appropriate to do so.
3The applicant contends that she was told verbally of the decision of the employment standards officer in May. She states that she waited for the "appeal papers" and proceeded within the time limit of one week after she received the appeal application.
4This is not a valid explanation for a delay of such significance. It is unclear how the applicant contends that she proceeded within the time limit and yet the application is so late. In addition, the date of the application is July 19, 2001 and yet it was not filed with the Board until August 7, 2001. The applicant clearly did not act with diligence and expedition and I deny her request for an extension.
"Marilyn Silverman"
for the Board