Ontario Labour Relations Board
File No.: 1565-01-ES Employment Practices Branch File No.: 33 002030
Between: Kevin Graham, Applicant v. Air-O-Tec and Ministry of Labour, Responding Parties.
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 letter advising the applicant of the order was dated April 19, 2001. The application for review was received by the Board on August 30, 2001, well 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 20, 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 Board has not received a reply from the applicant.
4The Board hereby declines to exercise its discretion under section 68(4) of the Act to extend the time period for applying for review. Accordingly, this matter is terminated.
"John Morgan Lewis"
for the Board