1049-01-ES Olympia Business Machines Canada Ltd., Applicant v. Steve Cronk and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 4200-3722
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; August 23, 2001
This is an employer application filed pursuant to Section 68 of the Employment Standards Act (the “Act”) requesting a review of an Order to Pay No. 51958 issued on May 24, 2001. The order is in the amount of $7,107.68.
By letter dated August 22, 2001, the Financial Administration Officer of the Employment Practices Branch (Ministry of Labour) advised the Registrar of the Board that the applicant employer’s cheque accompanying the application for review, has been returned by the bank with the notice “PAYMENT STOPPED”.
The Ministry of Labour submits this appeal should be denied in light of the failure to make the required payment.
Section 68(7) of the Act provides as follows:
- (7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
- The employer applicant has failed to comply with section 68(7) of the Act. The Board has no authority under the Act to proceed with this application for review without proof of payment from the Director of Employment Standards that the requisite payment has been made.
DISPOSITION
- In the circumstances, this application for review is dismissed for failure to comply with section 68(7) of the Act.
“Inge M. Stamp”
for the Board