3780-00-ES Mattcon Industrial Automation Inc., Applicant v. John E. Brayton and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 21104204
BEFORE: M. A. Nairn, Vice-Chair
DECISION OF THE BOARD; May 25, 2001
1This is an application brought pursuant to section 68 of the Employment Standards Act (the “ESA”) seeking to challenge Order to Pay #59484.
2The Order to Pay is dated January 5, 2001. The statutory deadline for filing an application for review is 45 days from the date of the Order, or, in this case, February 19, 2001. The application was filed with the Board on March 21, 2001. The monies were paid into trust as required by section 68(7) of the ESA. In its application the applicant recognizes that its application is late and seeks an extension to the time for filing on the basis that the employee charged with the responsibility of pursuing the appeal had unexpectedly quit his employment and the applicant only subsequently became aware of the fact that the appeal had not been formalized.
3I am satisfied that there are appropriate grounds to grant an extension to the time for filing the application. The time for filing is hereby extended to March 21, 2001. This application is timely. It is hereby referred to the Registrar for processing in the normal course.
“M. A. Nairn”
for the Board