Daniel Chadee v. Sintra Bagaloo o/a Sharpie Cable Systems, 2001 CanLII 19920

Daniel Chadee v. Sintra Bagaloo o/a Sharpie Cable Systems

1229-01-ES Daniel Chadee, Applicant v. Sintra Bagaloo o/a Sharpie Cable Systems, Harley Warszawski, Employment Standards Officer and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 40012588

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; July 26, 2001

[1]. The applicant seeks to review the refusal of Harley Warszawski to issue an order to pay. The Application for Review (Form A-69) under section 68(3) of the Employment Standards Act, R.S.O. 1990, c. E. 14, as am. (the “Act”) was received by the Board on July 24, 2001 after having been sent to the Mississauga office of the Ministry of Labour. That office of the Ministry of Labour received the application on July 20, 2001 and forwarded it to the Board. Therefore, the application was made on July 24, 2001, the date the application arrived at the Board.

[2]. Section 68(3)(b) of the Act provides that an application for review of the refusal to issue an order must be made within 45 days of the date of the letter advising of the refusal. The letter advising the applicant of Mr. Warszawski’s refusal was dated June 7, 2001. The last day for filing a timely application to review Mr. Warszawski’s refusal was July 23, 2001. This application is therefore one day late.

[3]. Section 68(4) of the Act permits the Board to extend the time for applying for a review if the Board considers it appropriate to do so. In this case, the applicant sent his application to the Ministry of Labour offices before July 23, 2001. It is clear that he intended to seek a review of the refusal to issue an order within the time stipulated by section 68(3)(b) of the Act and has prepared a detailed statement concerning the reasons for seeking a review. Under the circumstances, particularly since the application was only one day late after having been sent to the Ministry of Labour rather than the Board, the Board considers it appropriate to extend the time for applying for review of the refusal of Mr. Warszawski to issue an order to July 24, 2001, the date when the application was filed with the Board.