White Oak Cleaners (2001) Ltd. v. Judy Rutledge; Nancy Walters, Employment Standards Officer; and Ministry of Labour
File No.: 1924-01-ES Employment Practices Branch File No.: 41010215
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; December 3, 2001
1This is an application for review of Order to Pay No. 47196 dated August 28, 2001 directing the applicant to pay $4,596.00 in respect of unpaid wages and statutory administration costs. In its decision dated October 26, 2001, the Board (differently constituted) noted that the applicant had failed to comply with section 68(7) by failing to pay the amount required by the Order to Pay to the Director in Trust or an irrevocable letter of credit acceptable to the Director. The Board directed that if the applicant wished to proceed with this application for review must provide the Board with proof of the required payment within 15 working days of the decision and to provide reasons for the Board to extend the time for applying for review of the order to pay in accordance to section 68(4) of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended (the “Act”).
2The Board is in receipt of correspondence dated November 19, 2001 from the applicant enclosing proof of payment of $4,596.00 to the Director of Employment Standards. The application therefore complies with section 68(7) of the Act. Having regard to applicant’s correspondence dated November 19, 2001 and to its submissions contained in its application for review which was filed with the Board on October 11, 2001, the Board exercises its discretion to extend the time for applying for review until November 19, 2001 pursuant to section 68(4). Accordingly, this application is timely.
3The Board directs the Registrar to process this matter in the normal course.
4This panel of the Board is not seized with this matter.
“John Morgan Lewis”
for the Board