Ontario Labour Relations Board
Between:
J.R. Booth Mechanical Services Ltd. (operating under J.R. Mechanical Services Ltd.), Applicant v. Carole Rocheleau and Ministry of Labour, Responding Party.
Before: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD
1This is an employer request filed under the Employment Standards Act, R.S.O. 1990, c.E-14, as amended for a review of an Order to Pay issued by an Employment Standards Officer on October 5, 2001.
2From the material filed it appears as though the application has not been filed in a timely manner, that is, within 45 days of the Order to Pay.
3The Act provides that the Board may extend the time for applying if it considers it appropriate to do so.
4Section 68 of the act as amended provides in part that:
- (3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2).
(4) Subject to subsection (5), the Board may extend the time for applying for a review if it considers it appropriate to do so.
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2).
(6) An application for a review must be in writing.
(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.
5The Order to Pay was issued on October 5, 2001. The application for review was first filed on November 19, 2001 but was not an application that could be considered as it was deficient. A completed application with the necessary monies paid to the Director in Trust was filed on November 23, 2001. The 45th day was November 19, 2001. The applicant advises that the delay was due to a death in the family.
6Having regard to the reason advance for the delay and the short duration of same, the Board finds it appropriate in the exercise of its discretion under section 68(4) of the Act to extend the time for filing this application to November 23, 2001.
"Marilyn Silverman"
for the Board