2372-01-ES Lemar Millwrighting & Rigging Ltd., Applicant v. Barry James, Lorraine Pilon-Quast, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40012987
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; December 20, 2001
This is an employer application filed pursuant to Section 68 of the Employment Standards Act (the “Act”) requesting review of an Order to Pay No. 60447 dated October 11, 2001.
By letter dated December 19, 2001 the Ministry of Labour advised the Board as follows:
Please be advised the above referenced employer had filed an Application for Review of an Order to Pay under the Employment Standards Act accompanied by a cheque in payment of the order. The cheque has been returned by the bank as inInsufficient funds. In light of the failure to make payment as required under the legislation, the appeal filed should be denied.
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.
The Board cannot proceed with an application for review of an Order to Pay without confirmation from the Director of Employment Standards that the requisite payment has been made. Failure to pay the monies into trust within the 45-day time limit renders the application untimely.
The deadline for filing this application was November 26, 2001. The applicant filed an application on November 23, 2001 however no payment has been made to date.
6. The Registrar of the Board is directed to provide a copy of the Ministry’s letter dated December 19, 2001 to the applicant with this decision.
DISPOSITION
- In the circumstances this application for review is dismissed for failure to comply with section 68(7) of the Act.
“Inge M. Stamp”
for the Board