Ontario Labour Relations Board
0522-01-ES Randy Keller o/a R.Keller and Sons Logging, Applicant v. Rick Pinion, Brian Kasprick, Darren Dooley, Dolores Dumontier, Employment Standards Officer, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 13003255
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; June 13, 2001
1This is a request by an employer made pursuant to the Employment Standards Act (the “Act”) for a review of an Order to Pay issued by an Employment Standards Officer and dated March 28, 2001.
2The request is untimely and further no payments were made to the Director of Employment Standards as required by the Act.
3By decision dated May 17, 2001 the Board (differently constituted) issued a decision advising the applicant of the requirements and allowing them until June 8, 2001 to provide payment and request an extension of time. No payment has been received.
4Paragraph 4 of the May 17, 2001 decision provides:
- Furthermore, since the time for making the application for review has now expired, the applicant must also request that the Board, pursuant to section 68(4) of the Act, extend the time for applying for review of the Order (as the review has not as yet been properly made) and set out the grounds for such an extension. If the payment is not made (or irrevocable letter of credit not provided) and proof of payment (or proof of provision of the irrevocable letter of credit acceptable to the Director) is not provided to the Board on or before June 8, 2001, this application will be dismissed. If the payment is made (or irrevocable letter of credit acceptable to the Director provided) and proof of payment (or provision of the irrevocable letter of credit) is delivered to the Board and an extension for applying for review is sought by that date, the Board will determine at that time whether to extend the time for applying for review of the Order or dismiss the application.
5Having regard to the above, this application for review is hereby dismissed.
“Marilyn Silverman”
for the Board