Faye Karoutas v. Comfort Inn by Journey’s End and Ministry of Labour
File No.: 2011-01-ES / Employment Practices Branch File No. 13 003481 Date: November 20, 2001
Before: John Morgan Lewis, Vice-Chair.
Decision of the Board
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 the refusal of an Employment Standards Officer to issue an Order to Pay.
2The letter advising the applicant of the order was dated August 14, 2001. The application for review was received by the Board on October 19, 2001, well after the forty-five (45) day time period prescribed by section 68(3) of the Act within which an application for review must be made. Section 68(4) of the Act permits the Board to extend the time for applying for review if the Board considers it appropriate to do so.
3The Registrar of the Board advised the applicant by letter dated November 9, 2001 that it appeared that the application was untimely and invited the applicant to advise the Board why the application was timely or why the Board should extend the time for applying for review. The applicant responded by filing submissions with the Board on November 13, 2001. The applicant failed, however, to address the matter of the lateness in filing the application for review and did not offer any basis upon which the Board could exercise its discretion under section 68(4) of the Act to extend the time for applying for review. Accordingly, the application for review is dismissed pursuant to section 68(3) as it was not filed in a timely fashion.
“John Morgan Lewis”
for the Board