1833-01-ES 3577996 Canada Inc. o/a Teleplus , Applicant v. Ashley Johnston; Marlene Amos, Employment Standards Officer; and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 30015176

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; October 26, 2001

1The applicant applied under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as am. for review of Order to Pay No. 60896 dated July 30, 2001 (the “Order”). The application for review was filed with the Board on October 16, 2001 after the Registrar had advised the applicant by letter dated October 4, 2001 that the material it had forwarded to the Ministry of Labour (and which was sent by the Ministry to the Board) was not processed as an application for review because that material did not comply with the Board’s Rules. It appears from the material filed that the applicant had forwarded to the Ministry of Labour on or before October 1, 2001 (the date on which the Ministry of Labour deposited the cheque from the applicant in payment of the Order and the date on which the Ministry of Labour received that material) a cheque dated August 6, 2001, the Officer’s Narrative Report and Worksheet with written notations made on them by the applicant, the Order and a handwritten note dated August 10, 2001 disputing the Order.

2The Registrar provided the applicant with the proper forms on which to file an application and also advised the applicant that the application material it had received was untimely as it had been filed with the Board more than 45 days after the date of the Order. The Registrar’s letter expressly advised the applicant that if it wished to seek an extension of time, it must set out in detail the reasons why an extension of time for making the application should be granted.

3The applicant filed the proper form on October 16, 2001 but has not made any submissions as to why the time for making this application should be extended. The Order makes clear that the application for review must be forwarded to the Board within 45 days of the date of the Order. The Order also states that the Board may extend the time for making an application if the Board considers it appropriate to do so. The applicant has neither requested an extension of time for making the application nor has it provided any reasons for its failure to file the application within the time mandated by section 68 of the Act. In the absence of a request to extend the time and any grounds on which the Board could find it appropriate to extend the time, this application must be dismissed as it was filed more than 45 days after the date of the Order.

DISPOSITION

4This application is dismissed.

“Harry Freedman”

for the Board