0937-01-ES Brian Light, Applicant v. Timbuktu Restaurants Inc., J. Wilkins, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61005296
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; September 11, 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. 60212 issued on May 11, 2001. The deadline for making this application was June 25, 2001. The application was filed on June 25, 2001 without the requisite payment.
As of today’s date the requisite payment in order to process this application had not been made. The Board ‘s solicitor advised counsel for the applicant by letter dated August 23, 2001 that the Act precludes the Board from processing an application for review without confirmation that the required payment under section 68(7) has been made.
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.
DISPOSTION
- 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