Ontario Labour Relations Board
0183-01-ES Kerr Industries Limited, Applicant v. James Bulins, Helen Reid, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33002288
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 11, 2001
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the "Act") requesting review of an Order to Pay No. 60014 dated February 21, 2001. The deadline for making this application was Monday, April 9, 2001. The 45th day in this instance fell on Saturday, February 7, 2001. The application was filed with the Board on
April 17, 2001.
2The documents filed with the Ministry of Labour received the applicant's cheque and request for an appeal on April 6, 2001. The Ministry issued a receipt on April 10, 2001. The Board received a notice from the Employment Practices Branch on April 11, 2001 that the "employer had forwarded payment in the amount of $499.97 and applied for a review of the Order to Pay". The documents referred to by the Employment Standards Branch were sent by inter-office courier to the Board on April 17, 2001, the application date in this matter.
3It is apparent that had the employer sent his original request to the Board it would have been timely. The money was paid to the Director in a timely manner. It is also apparent from the documentation sent by the Ministry to the employer, that it was confusing as to where the employer needed to send his request for an appeal. The Board also notes that the deadline of April 6 is incorrect. It was in fact April 9, 2001.
DISPOSITION
4In the circumstances and the fact that a timely payment had been made, it is appropriate to extend the time for filing this application to April 17, 2001. This application is referred to the Registrar for processing in the normal course.
"Inge M. Stamp"
for the Board