File No.: 1348-01-ES Employment Practices Branch File No.: 34003270
Jenman Cuisine Palace Ltd., Applicant v. Feng Xiang Chen et al, Pauline Harris-Bernard, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; October 15, 2001
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the "Act") requesting a review of an Order to Pay No. 57613 issued on July 23, 2001. The application was filed on August 8, 2001.
2The Order to Pay states: ".... To apply (for a review), the employer must forward payment of the amount ordered to the Director of Employment Standards, in trust."
The Order goes on to state that payment may be made in a number of ways but that the application will not be processed without proof of payment from the Director.
3The applicant was requested by letter dated August 9, 2001 to provide proof of payment of the Order to Pay to the Registrar of the Board. As of today's date no such proof of payment has been received from the applicant or from the Director of Employment Standards.
4The applicant's representative wrote to the Board on September 18, 2001 explaining why in the applicant's view he should not have to pay the amount ordered by the Employment Standards Officer.
5Section 68(7) of the Act provides as follows:
(7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
DISPOSITION
6In the circumstances this application for review is dismissed for failure to comply with section 68(7) of the Act.
"Inge M. Stamp"
for the Board