3588-00-ES 1263170 Ontario Limited o/a Tantastic Suntanning Centres, Applicant v. Linda Burns and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011452
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; April 25, 2001
1This is an application for review of an Order to Pay issued on December 22, 2000, in the amount of $204.63, plus administrative costs of $100.00. The employer’s appeal letter and amount to be paid into trust were received by the Board on March 7, 2001, 2 days outside the 45-day time period for filing appeals.
2The employer has asked the Board to exercise its discretion pursuant to section 68(5) and extend the time for filing. The employer explained that the delay occurred “because I have had no time in the office for the past few months”. He indicated he had been overseeing one operation, as well as the building of another, and has been attending to the affairs of his mother’s estate. The employer wrote that he does not have any office staff and “… have had an enormous amount of paperwork on the back-burner”.
3It is unfortunate that, by his own admission, the applicant has given no priority to dealing with his mail, and consequently, did not read the Order to Pay in a timely way. That is not a good enough reason for the Board to extend the time for filing an appeal.
DISPOSITION
4This application is untimely. It appears there is no impediment to the Director paying out to the employee the money being held in trust.
“Mary Ellen Cummings”
for the Board