Ontario Labour Relations Board
2947-00-ES Joe Porco, Applicant v. The Works Restaurant 24 Hours, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33002305
BEFORE: Brian McLean, Vice-Chair.
APPEARANCES: Joe Porco appearing on his own behalf; Amir Dokooshkani for the employer; Laurie Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; April 23, 2001
This is an application under section 67 of the Employment Standards Act (“the Act”) which came on for hearing on April 20, 2001 at which the following oral decision was made:
The preliminary issue in this case is whether section 82.3(1) of the Employment Standards Act (“the Act”) bars this claim. I have considered the submissions made by the parties.
I sympathize with Mr. Porco’s circumstances. If he is owed money, it is regrettable that there is no avenue for him to collect under the Act.
However, section 82.3(1) of the Act is clear. The Board has no discretion to vary the effect of section 82.3(1) even if the applicant asserted compelling reasons for doing so.
In this case, there is no dispute that the employee’s last day of work was October 1, 1999 and that he did not file his claim until November 27, 2000. Under these circumstances, the Board has no authority under section 82.3(1) of the Act to award any damages and therefore the application is moot. The Board has no choice, therefore, but to dismiss the application.
“Brian McLean”
for the Board