Ontario Labour Relations Board
File No.: 2400-01-ES Employment Practices Branch File No.: 32007330
Tom Chau, Applicant v. 3227481 Canada Inc. o/a Gianni Versace, J. McPherson, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 11, 2001
Decision
1This is an application brought pursuant to section 68 of the Employment Standards Act (the "Act") for review of the Employment Standards Officer's decision dated April 18, 2001. The deadline for making this application was June 4, 2001. The application was filed with the Board November 27, 2001.
2In response to the Registrar's letter stating that the application appeared to be untimely the applicant asserts that he did not receive the Employment Standards Officer's letter dated April 18, 2001 until November 20, 2001.
3The applicant in his letter dated December 3, 2001 refers to "see information – photocopied pay stubs T4 for 2000 and CPP contribution form". No such documents were filed with the Board.
4Having regard to the above this matter is set down for hearing. The parties are directed to be prepared to deal with the preliminary issue of timeliness.
5The applicant is directed to provide the documents referred to in his letter of December 3, 2001 to the Board and the above named responding parties.
6The Registrar is directed to send a copy of the applicant's December 3, 2001 letter and attachment to the parties together with this decision.
7This matter is referred to the Registrar and the Manager of Field Services.
8I am not seized of this application.
"Inge M. Stamp"
for the Board