3523-00-ES Yasian Limited, Applicant v. Hsuan Nung Lin and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 34 002926
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; April 18, 2001
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. 48920 dated January 11, 2001.
2By letter dated March 5, 2001 the Registrar of the Board advised the applicant that its application was untimely. The applicant was further advised that the Board could not proceed with this application until the Director of Employment Standards confirmed that the requisite payment has been made.
3Section 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.
4To date the applicant has not responded to the March 5, 2001 letter. The Board has not received any confirmation by the Director of Employment Standards that the requisite payment has been made by the applicant. Failure to pay the monies into trust within the 45-day time limit renders the application untimely. The deadline for making this application was February 26, 2001.
DISPOSITION
5In the circumstances this application for review is dismissed for failure to comply with section 67(8) of the Act.
"Inge M. Stamp"
for the Board