TRS Foods(1993) Ltd. v. Maureen Lyon et al.
File No.: 3617-00-ES Employment Practices Branch File No.: 33001424 Date: June 13, 2001 Before: Inge M. Stamp, Vice-Chair
Decision of the Board
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. 56100, dated October 18, 2000 in the amount of $11,512.38. The deadline for making this application was December 4, 2000. The application was filed with the Board on March 8, 2001.
2The applicant asserts it did not receive the Order to Pay dated October 18, 2000. The applicant also asserts that the Employment Standards Officer, Ms. Carline Burke did not respond to telephone calls and facsimile transmissions made by the applicant's accountant. There is reference to the accountant's correspondence to Ms. Burke dated September 19, 2000. None of this material was provided to the Board in support of the applicant's request.
3The applicant in its letter of February, states:
"We have been advised that the order was sent by priority post. Apparently we were out of the country when it was delivered and it was returned to the Ministry unopened. No one attempted to contact us to arrange delivery."
4If an employer's key person is out of the country and does not make the necessary arrangements for the conduct of the business in his/her absence he/she does so to their own detriment. The employer does not allege that its operations were shut down. The employer does not advise how it received notice or when.
5Having reviewed the applicant's submissions and the materials filed with the Board, the Board is not persuaded to extend the time limits for filing this application for review.
Disposition
6The application is hereby dismissed as untimely. The Director is directed to disburse the funds held in trust pursuant to the Order to Pay No. 56100.
"Inge M. Stamp"
for the Board