Panko Paints v. Don Timchuk, 2001 CanLII 16391

3878-00-ES Panko Paints, Applicant v. Don Timchuk, D. Rawlick-Bradley, Employment Standards Officer and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 10004315

BEFORE: Inge M. Stamp, Vice-Chair.

DECISION OF THE BOARD; August 2, 2001

1This is an employer application filed pursuant to Section 68 of the Employment Standards Act (the "Act") requesting a review of an Order to Pay No. 56475 issued on February 15, 2001. The deadline for making this application was April 2, 2001. The application was filed with the Board, without the requisite payment, on March 30, 2001. A partial payment in the amount of $2,714.70 was received by the Employment Standards Branch on April 17, 2001.

2By letter dated May 22, 2001 the Registrar of the Board requested the employer to provide a breakdown of the statutory deductions such as CPP, EI and Income Tax. The employer was advised that this application would not be processed further until that information was received by the Board. The deadline for submitting the required information was June 5, 2001. To date there has been no response.

3The total statutory deductions made by the employer exceed 30 percent. The Ministry of Labour, in its submissions to the Board dated July 30, 2001, submits the deductions are in excess of the Revenue Canada rates. Therefore, this application should be dismissed. The Ministry further submits this application does not comply with sections 68(3)(a) and 68(7) of the Act and is therefore untimely.

4Sections 68(3)(a) and (7) provide as follows:

(3) An application for a review must be made,

(a) in the case of an application for a review of an order, within 45 days after the date of the order;

(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.

5The applicant employer has failed to make the required payment pursuant to section 68(7) of the Act and has failed to file a breakdown of the statutory deductions.

DISPOSITION

6This application for review is dismissed.

"Inge M. Stamp"

for the Board