J.F. Smithson Enterprises Inc. o/a Norseman Steel Fabricator v. Mike’s custome Machining co/ Mike Gunby and Ministry of Labour
1524-01-ES J.F. Smithson Enterprises Inc. o/a Norseman Steel Fabricator, Applicant v. Mike’s custome Machining co/ Mike Gunby and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52006982
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 12, 2001
This is an application for review filed under the Employment Standards Act (“the Act”) of an order to pay dated July 12, 2001. The application was filed with the Board on August 27, 2001.
The applicant has failed to properly make an application for review of the Order to Pay in this matter. Section 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.
Although the applicant has filed the proper form to make an application for review, it has not yet made the entire payment required by the Act for this application for review to proceed, since the applicant has failed to pay the amount set out in the Order to Pay.
Section 68(7) provides than an application for review of an Order to Pay cannot be processed by the Board unless the applicant pays the amount to the Director in trust. The Board has no discretion to waive this requirement. The applicant has not paid the amount of the Order to Pay to the Director in trust and 45 days have elapsed since the Order to Pay was issued. In such circumstances, the application does not meet the requirements of section 68(7) of the Act. This matter is hereby terminated.
“John Morgan Lewis”
for the Board