Ontario Labour Relations Board
1382-01-ES Barrington Equipment, Applicant v. John Bursey and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 63002540
BEFORE: Caroline Rowan, Vice‑Chair.
DECISION OF THE BOARD; September 20, 2001
1. This is an application for review under section 68 of the Employment Standards Act R.S.O. 1990, c. E. 14 as amended (the “ESA”).
2. The application was received by the Board on August 10, 2001. By letter dated August 15, 2001, the Registrar requested that the applicant provide the Board with a copy of the receipt of payment of the Order to Pay and that the Ministry of Labour provide the Board with a copy of the Order to Pay, the Officer’s narrative report and the Officer’s work sheets by September 4, 2001. To date, the Board has received no response to that letter from the applicant. The Ministry of Labour has since advised the Board by letter dated September 18, 2001 that:
“The investigation of this claim has not yet commenced. The letter advising the employer of the claim was mailed September 14, 2001. A determination has not yet been made.”
3. It appears from the information provided by the Ministry of Labour that this application is premature as no determination has yet been made with respect to the claim in issue. In any event, an application for review of an Order to Pay is not properly made until the applicant pays the amount set out in the order. Section 68(7) of the ESA states:
- (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.
4. Thus, it is, in any event, clear that the applicant has not properly made its application for review.
5. Accordingly, the proceeding in this matter is hereby terminated.
“Caroline Rowan”
for the Board