1006-01-ES Hunjan Moulded Products Ltd., Applicant v. Robert Walker, Sandy Kozopas-Wickeler, Employment Standards Officer and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 41009593

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; July 30, 2001

1. On July 4, 2001 the applicant filed an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as am. of Order to Pay No. 55918 (the “Order”) issued by Employment Standards Officer Sandy Kozopas-Wickeler on April 19, 2001. Although the application is dated June 15, 2001, it was sent to the Board by courier on July 3^rd and was received on July 4^th. The applicant also provided proof of payment by cheque dated June 13, 2001 in the amount of $836.00 although the Order required payment of $969.44.

2. The Registrar, by letter to the applicant dated July 5, 2001 advised the applicant that it appeared that the application had not been filed in a timely manner, that is, it had not been filed within 45 days of the date of the Order. That letter also advised the applicant that if it believed its application was timely or it wished to seek an extension of time for applying for review of the Order, it must advise the Board in writing within 10 days of the date of that letter, its reasons for asserting the application is timely or why the Board should grant an extension of time for filing the application.

3. The Registrar, in a second letter to the applicant dated July 5, 2001 required the applicant to provide a breakdown of the deductions it had made from the amount it had been required to pay by the Order. That letter required the applicant to send that information to the Board by July 19, 2001.

4. As of the date of this decision, no information or submissions have been received from the applicant in response to the Registrar’s letters. Section 68(3)(a) of the Act provides that an application for review of an order to pay must be made within 45 days of the date of the order. The Order was dated April 19, 2001 while the application was made when the Board received it on July 4, 2001, well after the expiry of the 45 day statutory time limit prescribed by the Act. Therefore, as the applicant has not provided the Board with any basis for it to exercise its discretion to extend the time for making an application for review of the Order, this application is untimely and must be dismissed.

DISPOSITION

5. This application is dismissed.

“Harry Freedman”

for the Board