128129 Ontario Limited o/a Platis Custom Cleaners v. Maria Pantelidis, and Ministry of Labour

1207-01-ES 128129 Ontario Limited o/a Platis Custom Cleaners, Applicant v. Maria Pantelidis, and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 30 015218

BEFORE: David A. McKee, Vice-Chair.

DECISION OF THE BOARD; August 2, 2001

[1]. This 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 application was filed with an office of the Ministry of Labour rather than the Board on July 13, 2001, three days after the time to file the application had expired. The applicant faxed a copy to the Board’s offices on July 18, 2001 but has never filed an original copy of the application. The Board’s Rules of Procedure do not permit the filing of an application under section 68 by facsimile transmission, so that there has in fact never been a proper filing of this application.

[2]. The applicant has provided no reason why the application and the monies were filed late other than vague comments about doctors’ and specialists’ appointments. The applicant also clearly did not read the instructions with respect to the proper filing of an application which are set out on the face of the Order to Pay. Time limits must have some meaning. In the absence of any reason why the Board should extend the time for filing this application, and for relieving against the rule that applications must be filed by delivering a copy to the Board’s offices, the Board has no basis on which to act under section 68(4) or Rule 44.

[3]. This application is dismissed as it was filed beyond the time for the filing of the application and there are no grounds for an extension of that time limit. Further, the application has never been filed in the manner required by the Board’s Rules.

“David A. McKee”

for the Board