Town and Country Gardens v. Matthew Clark and Ministry of Labour
File No.: 0750-01-ES Employment Practices Branch File No.: 51 078275 Date: June 28, 2001
Before: Harry Freedman, Vice-Chair
Decision of the Board
1On June 5, 2001 the Board received from the Niagara District Office of the Ministry of Labour a copy of the slip from Order to Pay No. 57948 (the “Order”) indicating that the applicant had paid $470.73 to the Director and that it wished to apply for review of the Order under the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the “Act”).
2The Registrar sent two letters to the applicant dated June 11, 2001 after receiving that material; one letter indicating that the documents that the applicant had sent to the Ministry of Labour could not be processed as an application for review as it had not been made in accordance with the Board’s Rules and a second letter advising that it appeared that the application had been made more than 45 days after the date of the Order and was therefore untimely. One letter advised the applicant that if it wished to make representations about the timeliness of the application or wanted to seek an extension of time within which to make the application, it had to file its representations with the Board. The other letter sent the applicant the correct forms and a copy of the Information Bulletin dealing with applications under the Act. Both letters advised the applicant that it had to file the material described in the letters within 10 working days of the date of the letters.
3As of the date of this decision, no submissions of other material have been received from the applicant.
Disposition
4Under the circumstances, this application for review is dismissed as it was not filed in accordance with the Board’s Rules of Procedure and was also filed more than 45 days after the date of the Order.
“Harry Freedman”
for the Board