0681-01-ES Steve Bryant operating as Vacumart, Applicant v. David Dietrich, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61005561
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 10, 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 which is the subject matter of this application was issued on March 13, 2001. Pursuant to section 68(3), an application for review should have been filed on or before April 30, 2001. This application was filed June 13, 2001. While the Board has a discretion to extend the time for making an application, it must do so on the basis of some reason. The applicant has provided no such reasons, although in fairness it does not appear to have turned its mind to the issue of needing an extension.
2An application must also be accompanied by the amount set out in the Order to Pay payable to the Director of Employment Standards in trust. The only evidence of any payment in the file is a record of a payment by the Financial Collection Agency to the Director. It appears that this money has been held in trust by the Director, but this is not clear from the file.
3The Board directs the applicant to set out in writing its reasons for seeking an extension for the time to file an appeal. This request must be filed no later than July 25, 2001. If no such request is received by that date, this application will be dismissed.
4The Board also requests that the Ministry confirm that the funds are held in trust by the Director.
5I remain seized of this application for the purposes of dealing with any request to extend time for filing an application.
“David A. McKee”
for the Board