Medstat Emergency and Transfer Services v. Becky Ross and Ministry of Labour
File No.: 0195-01-ES, Employment Practices Branch File No. 33002264 Date: June 21, 2001
Before: Christopher J. Albertyn, Vice Chair.
DECISION OF THE BOARD
1On April 17, 2001 the employer filed an application for review of an Order to Pay issued against it (Order No. 59407 of February 28, 2001). The employer submitted a cheque to the Director of Employment Standards in trust ostensibly in fulfilment of the application for review process. The Ministry of Labour issued the employer a receipt and forwarded the employer’s correspondence to the Ontario Labour Relations Board.
2The application is untimely. Pursuant to the provisions of section 68(3) of the Employment Standards Act (“the Act”), an application for review must be made within 45 days of the date of the Order. This application was one day late, assuming that payment of the sum of $386.72 required in the Order was properly made. However, upon presentation of the applicant’s cheque for payment of the amount required to pursue its application, the cheque was dishonoured.
3Payment into trust of the amount due in the Order to Pay is a necessary requirement of a proper review application under section 68(7) of the Act. A review application is a proper application only once payment is made. In this case, no payment has been made and, accordingly, there is no proper review application before the Board.
DISPOSITION
4The application is hereby terminated.
“Christopher J. Albertyn”
for the Board