File No.: 1704-01-ES Parties: Heritage House Retirement Home, Applicant v. Ministry of Labour, Responding Parties. Employment Practices Branch File No.: 43003989
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 12, 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 an Order to Pay.
2The Order to Pay is dated July 17, 2001. The application for review was received by the Board on September 19, 2001, 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 September 27, 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 wrote to the Board on September 28, 2001 advising that the Order to Pay was not issued until August 17, 2001 and that date marked on the Order to Pay of July 17, 2001 was in error. The applicant referred the Board to the Officer's Narrative Report in relation to this matter which was dated August 17, 2001.
4The Board hereby finds that the Order to Pay was issued on August 17, 2001. Accordingly, the application for review is timely in accordance with section 68(3) of the Act.
5This matter is referred to the Registrar. This panel of the Board is not seized
"John Morgan Lewis"
for the Board