Dragan Ristevski v. Canadian Plating Rack (1988) Inc.
File No.: 1083-01-ES Employment Practices Branch File No.: 41009688
Before: Christopher J. Albertyn, Vice-Chair.
Decision of the Board: August 13, 2001
Decision
1This is an employee appeal under section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended (“the Act”) against the refusal by an Employment Standards Officer to issue an Order to Pay in the applicant's favour.
2The application was filed five days late. The application seeks condonation for the late filing. He asks for an extension of time to make his application timely. His representative’s explanation for the lateness is that he was wrongly informed that the application could be brought within 45 business days, not 45 actual days. He realized too late that the application ought to have been brought within 45 days.
3The prejudice to the Ministry and the responding employer is minimal, given how brief was the lateness. An explanation has been provided by the applicant for the untimeliness of the application. In these circumstances the period for the filing of the application is extended to July 11, 2001, making this a timely application.
“Christopher J. Albertyn”
for the Board