Court File and Parties
File No.: 0191-01-ES / Employment Practices File 33001570 Date: May 25, 2001 Ontario Labour Relations Board
Applicant: Martinek Custom Millwork Limited Responding Parties: Clifford Podlovics and Ministry of Labour
Before: M. A. Nairn, Vice-Chair
Decision of the Board
1This is an application brought pursuant to section 68 of the Employment Standards Act (the “ESA”) seeking to challenge Order to Pay #56112.
2The Order to Pay is dated February 27, 2001. The statutory deadline for filing an application for review is 45 days from the date of the Order, or, in this case, April 13, 2001. The application was filed with the Board on April 18, 2001. By letter dated May 8, 2001 the Registrar of the Board wrote to the applicant advising that it appeared that the application was untimely and inviting any submissions in that regard.
3In fact, by letter dated April 17, 2001 the Ministry of Labour advised the Board that the application had been filed with one of its regional offices on April 12, 2001 and that the monies had been paid into trust at that time. The Ministry was however unable to forward the application to the Board until April 17, 2001. The applicant has confirmed that chronology by letter dated May 14, 2001.
4In the circumstances it is appropriate to extend the time for filing. The time for filing this application for review is hereby extended to April 18, 2001. It is therefore timely. The application is hereby referred to the Registrar for processing in the normal course.
“M. A. Nairn”
for the Board