0695-01-ES Ramniklal Hudka, Applicant v. Plastic Packaging & Components Ltd., Gerry Mulligan, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 43002937
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; June 11, 2001
This is an employee application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of the Employment Standards Officer, Gerry Mulligan’s decision of January 24, 2001. The deadline for making this application was March 12, 2001. The application was filed with the Board on May 31, 2001.
The letter from the Employment Standards Officer dated January 24, 2001 makes reference to a recent telephone conversation regarding the applicant’s claim for termination and severance pay against the employer, Plastic Packaging & Components Ltd.
The January 24 letter from the officer clearly states that an application for review must be made within 45 days of the date of the order or the date of letter informing the employee of the decision.
The applicant asks the Board to take into consideration the fact that he was out of the country between between February 17, 2001 and May 19, 2001. The applicant in his letter of May 28, 2001 states: “I have got the review application dated March 19, 2001.” The Board is not certain what the March 19, 2001 date refers to.
The Officer’s letter is dated January 24, 2001. The applicant did not leave the country until February 17, 2001. There is no explanation why this appeal was not filed before the applicant left the country. It further appears from the letter that there was a telephone conversation with the officers on or before January 24, 2001 with respect to the applicant’s claim.
Section 68(4) grants the Board the discretion to extend the time for applying if the Board considers it appropriate to do so. In this case the Board is not persuaded to extend the time for filing this application.
DISPOSITION
- This application is dismissed as untimely.
“Inge M. Stamp”
for the Board