Old Mill Pontiac Buick Cadillac Limited v. Jeffrey
Board File and Parties
1684-01-ES Old Mill Pontiac Buick Cadillac Limited, Applicant v. Anita Jeffrey, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32007786
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; October 31, 2001
Decision
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the "Act") requesting review of an Order To Pay No. 57322 in the amount of $4,540.42 issued by Employment Standards Officer Anita Jeffrey.
2The Official Receipt issued September 19, 2001 confirms that the requisite payment of $4,540.42 has been received by the Director of Employment Standards.
3The Board is unable to process this appeal until the necessary information is received. By letter dated September 18, 2001 the Registrar requested the Ministry of Labour to provide a copy of the order to pay, name and addresses of employee(s), Officer's narrative report and Officer's work sheets (where applicable). A reminder was sent to the Ministry of Labour on October 22, 2001 that the Board has not received this information. To date no reply has been received.
4The Board hereby directs the Ministry of Labour to provide forthwith the information requested in the September 18, 2001 letter from the Registrar.
5The Board directs the applicant employer, Old Mill Pontiac Buick Cadillac Limited to provide the Board forthwith with a copy of the Order To Pay, No. 57322. The Board cannot determine whether this application is timely without knowing the date on which the Order To Pay was issued. The applicant's attention is directed to the application Form ES-lA which states: "Your Application must include a copy of either the Order To Pay, or the letter refusing to issue an Order, or an explanation why it is not included. ....."
6The application did not include a complete copy of the Order To Pay, only the bottom stub which accompanied the cheque.
Disposition
7If the Board does not receive a copy of the Order To Pay within ten (10) days of the date of this decision this matter will be deemed to be terminated without further notice to the parties.
8The Ministry of Labour is directed to send a copy of this decision to the affected employees and confirm to the Board when and to whom the decision was sent.
"Inge M. Stamp"
for the Board