Whitman Engineering Limited v. Cheryle Baker, Brian Thwaites, Ryan Hay and Ministry of Labour
File No.: 0215-01-ES Employment Practices File: 61004541
Before: M. A. Nairn, Vice-Chair
Decision of the Board: May 25, 2001
Decision
1This is an application brought pursuant to section 68 of the Employment Standards Act (the “ESA”) seeking to challenge an Order to Pay. There is reference to two Orders to Pay; Order to Pay #58153 dated December 3, 1999 and Order to Pay #58311 dated February 27, 2001. By letter dated May 23, 2001 the applicant asserts that his application for review, filed on April 18, 2001 is timely.
2It is not entirely clear from the application precisely what the applicant is appealing, the first Order to Pay, the second, or both. There may be different considerations regarding the timeliness issue depending on the answer to that question. The reasons for any delay may also be different.
3The applicant is hereby directed to provide in writing to the Board its representations as to the precise nature of its appeal (that is, which Order is in issue and what remedy it seeks) and any further information that may be relevant to determining any timeliness issues. Those representations are to be filed with the Board by no later than Friday, June 8, 2001.
4Upon receipt of those submissions the Registrar of the Board is directed to forward them to the Ministry of Labour and to the claimants for their response. The applicant is also to be given an opportunity to file any reply submissions upon receipt of any submissions made by any of these responding parties.
“M. A. Nairn”
for the Board