Thunder Bay Adventure Trails v. Fern Dumas, and Ministry of Labour
File No.: 3875-00-ES Employment Practices Branch File No.: 13008148 Before: David A. McKee, Vice-Chair. Decision of the Board: May 7, 2001
1This is an application for a review of a decision of an employment standards officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 ("the Act"). The Order to pay was made January 5, 2001. It states on its face that an appeal of this decision must be filed within 45 days of the date on the Order to Pay. Accordingly, the date for filing this application was in fact February 19, 2001. The application was filed March 29, 2001. The employer was ordered to pay $520.95 plus the administration fee.
2Upon being advised that the application had been filed in an untimely manner, the applicant sought an extension of the date for filing. He gives no reason other than that he believed he had filed in a timely manner and that this application represented additional work for his business.
3The Board declines to grant an extension on that basis. The applicant provides no reasons why he believed his application was timely. It was clearly not. The amount of time is too great to be explained on the basis of a miscalculation (although even that would be speculation on the Board’s part). The time is not excessively brief. All legal proceedings represent time and effort. Those who embark on litigation should be prepared to commit the necessary time and effort to at least filing the application on time. Finally, the amount of money, and therefore prejudice, to the applicant, is relatively small.
4The Board therefore dismisses this application.
"David A. McKee"
for the Board