File No.: 3687-00-ES Employment Practices File: 33002034
D. Leslie Mackie, Applicant v. T.D.S. Personnel Inc. for Thomson Terminal and Ministry of Labour, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair
DECISION OF THE BOARD; May 25, 2001
1This is an application brought pursuant to section 68 of the Employment Standards Act (the "ESA") seeking to challenge the Employment Standards Officer's refusal to make an Order.
2Two letters advising the claimant of that refusal were sent. The first is dated January 15, 2001. The second is dated January 25, 2001. The statutory deadline for filing an application for review is 45 days from the date of an Officer's letter refusing to make an Order. In this case it is not entirely apparent as to when that time begins to run. However giving the claimant the benefit of the doubt, the deadline would be March 12, 2001. The application was filed with the Board on March 14, 2001.
3By letter dated April 24, 2001 the Registrar wrote to the claimant advising that it appeared that her application was untimely and seeking representations in that regard. Those representations were to have been filed by no later than May 4, 2001.
4As of the date of this decision, the Board has not received a response to this letter. Thus the Board has not received a request to extend the time limits for filing the application or any reasons therefor. In accordance with section 68 of the ESA the application is untimely. It is therefore dismissed.
"M. A. Nairn"
for the Board