Ontario Labour Relations Board
File No.: 3675-00-ES Employment Practices Branch File No.: 43003121 Date: April 10, 2001
Between: Mercuri Landscape Contractors Inc., Applicant v. Antonio Pugliese, Richard Ryan, Employment Standards Officer and Ministry of Labour, Responding Parties.
Before: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting a review of an Order to Pay No. 59659 dated January 29, 2001 in the amount of $2,921.00. The monies have been paid into trust. The deadline for filing this application was March 15, 2001.
2The Employment Standards Officer stated in the decision part of his Narrative Report dated January 29, 2001 that the employer had 30 days from the date of the Order to Pay to file an appeal. The Officer stated the deadline for filing an appeal in this matter is February 27, 2001.
3The Employment Standards Officer in the covering letter enclosing the Order to Pay again stated that the deadline for any appeal is February 27, 2001.
4The Employment Standards Officer is clearly mistaken. The Order to Pay states an application for review and the payment must be made within 45 days of the date of the Order to Pay. Section 68(3)(a) of the Act states: 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.
5In the instant case the deadline for filing an appeal and for making the requisite payment is March 15, 2001. The applicant filed its application on March 14, 2001. Payment of the Order to Pay was made on March 14, 2001. This application is therefore timely.
6The matter is referred to the Manager of Field Services for processing.
“Inge M. Stamp”
for the Board