Ontario Labour Relations Board
3881-00-ES Northern Leisure Manufacturing, Applicant v. Abdul Aziz Samad; Gilles LeBlanc, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
Employment Practices Branch File No. 30014810
DECISION OF THE BOARD; June 5, 2001
1This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the "Act") for review of Order to Pay No. 60976 dated February 2, 2001 issued by Employment Standards Officer Gilles LeBlanc (the "Order"). The application was filed with the Board on March 30, 2001. Section 68(3)(a) of the Act provides that an application for review of an order to pay must be made within 45 days after the date of the order. Thus, the last day for filing a timely application was March 23, 2001.
2The applicant was advised by the Registrar by letter dated April 27, 2001 that it appeared that the application had not been filed in a timely manner and that the applicant could either seek an extension of time within which to make the application or advise the Board why the application was timely. The applicant, by letter to the Registrar dated May 4, 2001 advised the Board that the application was indeed late, but that it had understood that the final day for filing the application was March 29, 2001 because the letter from Mr. LeBlanc had stated that if the applicant did not seek a review, then it had to pay the Order by March 29, 2001. The applicant acknowledges that it was an error due to its misreading of Mr. LeBlanc's letter.
3The applicant's cheque in payment of the Order and a letter from the applicant stating it was seeking a review of the Order were both dated March 23, 2001. The applicant also responded promptly to the Registrar's letter of April 27, 2001 about the timeliness of the application.
4Section 68(4) of the Act permits the Board to extend the time for applying for a review if it considers it appropriate to do so. The application was filed on March 30, 2001, one week beyond the date for making a timely application. In view of the short time that has elapsed between the last day for making the application and the date when the application was filed, the applicant's intention to have filed a timely application as evidenced by the date it prepared the letter seeking to review the Order and cheque and the unlikely prejudice an extension of time would cause the other parties to the application when balanced against the prejudice to the applicant that would result in refusing to extend the time, the Board, pursuant to section 68 (4) of the Act, extends the time for making this application for review to March 30, 2001, the date upon which the application was received by the Board.
DISPOSITION
5The time for making this application for review is hereby extended to March 30, 2001, the date upon which the application was filed with the Board.
6This panel of the Board is not seized with this matter.
"Harry Freedman"
for the Board