Ontario Labour Relations Board
File No.: 1221-01-ES Employment Practices Branch File No.: 30 015072
Between: My Music Factory Inc., Applicant v. Charlene DeGouw and Ministry of Labour, Responding Parties.
Before: Christopher J. Albertyn, Vice-Chair.
Decision of the Board: October 3, 2001
Decision
1This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended ('the Act') of Order to Pay No. 56225 issued by Employment Standards Officer John Emmett on April 11, 2001 ('the Order').
2The applicant applied for review on July 24, 2001, approximately two months after the 45 days provided in the Act. The applicant requested the Board to exercise its discretion to extend the time for making its application. The Board issued a decision on September 17, 2001 seeking the Ministry's response to the applicant's request. The Ministry resists the request because it disputes the applicant's contention that the applicant gained knowledge of the Order only on July 9, 2001, when the Ministry's collection agency enforced the Order.
3The Ministry says it sent a copy of the Order to the applicant's address on April 11, 2001 and again on May 10, 2001. The applicant disputes this. The Ministry has copies of what it sent to the applicant, but apparently no proof of delivery or service.
4It seems the Director of Employment Standards has not paid the money collected to the employee concerned, as contemplated in section 68(5) of the Act.
5There is therefore a dispute as to whether the applicant received notice of the Order prior to July 24, 2001. That can be determined by the panel of the Board hearing this matter, should the Ministry wish to pursue the issue of the timeliness of the application. The applicant should be prepared to deal with the matter on the date of hearing.
6The request to extend the time for filing the review application will therefore be dealt with by the panel of the Board hearing this matter.
7The parties should be prepared to deal with the merits of the application on the date of hearing, notwithstanding the outcome of timeliness issue.
8The matter is referred to the Registrar to schedule a hearing date.
"Christopher J. Albertyn"
for the Board