3701-00-ES 913719 Ontario Ltd. o/a Adults Only Video, Applicant v. April Higgins and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 51078227
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; April 26, 2001
This is an employer’s appeal of an Order to Pay dated December 20, 2000, for termination pay. The Board received a completed application form and proof that the monies had been paid into trust on March 15, 2001.
Since it appeared that the application was untimely, following its usual practice, the Board advised the applicant that it was late, and invited submissions around why the Board should exercise its discretion, and extend the time for filing the appeal.
The employer wrote that it knew about the 45-day time limit, tried on two occasions, without success to obtain an application form; paid the money into trust in a timely way and promptly completed the application form once the Board provided a copy.
Having regard to the reasons, I exercise my discretion to extend the time for filing an appeal.
Although I cannot be certain, it appears that the employer’s difficulties stemmed from not knowing that appeals are made to the Ontario Labour Relations Board, not to the Officer who issued the Order to Pay. While the Officer’s letter advised of the 45-day appeal period, it did not say that the appeal had to be made to the Board, an independent quasi-judicial tribunal that does not share offices with the Employment Standards Branch.
It is understandable, then, that the applicant was confused about where to get an application form, and where to file its appeal. The applicant clearly showed an intention to file an appeal and got the money in a timely way. It is appropriate to extend the time limits.
DISPOSITION
- This application is timely.
“Mary Ellen Cummings”
for the Board