Ontario Labour Relations Board
File No.: 1122-01-ES Employment Practices Branch File No.: 22022711
Karen Barnhart, Applicant v. Brown’s Fine Food Services, and Ministry of Labour, Responding Parties.
Before: David A. McKee, Vice-Chair.
Decision of the Board: August 1, 2001
Decision
This is an application for a review of a decision of an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 (“the Act”). The Registrar sent the applicant a letter indicating that the application appeared to have been filed in an untimely manner, and asked the applicant to provide reasons why the Board should extend the time for making an application.
The letter notifying the applicant the Employment Standards Officer was rejecting her claim is dated June 19, 2000. This application was filed with the Board on July 16, 2001, more than one year later. Section 68(3)(b) of the Act requires that an application be filed within 45 days of the date of the letter notifying an applicant that her claim has not been allowed. The applicant’s submissions do not respond to this issue at all. In essence, she argues that, on the Officer’s theory that her contract of employment was frustrated, the date for that deemed frustration should be September 28, 2000.
Clearly this is an argument that the applicant has become aware of since her dealings with the Officer. I do not express any opinion on whether or not that argument is correct. The fact is that the Officer’s letter is dated June 19, 2000. An application for a review of that decision should have been filed on or before August 3, 2000. It was not. The applicant has given no reason for delaying almost a year from that date. Her argument about the “two year anniversary” is entirely irrelevant, since presumably the basis of her appeal is that section 57(10)(d) does not apply.
This application is dismissed as it was filed well after the date by which it should have been filed, and no reasons have been given to cause the Board to exercise its discretion to extend the time by this extraordinary amount.
“David A. McKee”
for the Board