Arvind Karir v. Amphenol Canada Corp. and Ministry of Labour
File No.: 1710-01-ES Employment Practices Branch File No.: 30015410
Arvind Karir, Applicant v. Amphenol Canada Corp. and Ministry of Labour, Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; September 21, 2001
1This is an employee application for review of a refusal to issue an Order to Pay under section 68 of the Employment Standards Act R.S.O. 1990, c. E. 14 as amended (the "ESA").
2The letter advising the employee of the employment standards officer's refusal to issue an Order to Pay is dated July 25, 2001. This application for review was filed on September 20, 2001, which is beyond the prescribed forty-five (45) day deadline for filing an application for review.
3In his application, the applicant explains that he mistakenly ordered the wrong application form from the Board and filed an application on the incorrect form on August 27, 2001, which was within the forty-five (45) day deadline. This application was then subsequently filed after the Board advised the applicant of the correct procedure.
4Given the relatively brief nature of the extension requested and the fact that the applicant states that he sent an application on an incorrect form within the forty-five (45) day deadline, the Board is satisfied that it is appropriate to exercise its discretion under section 68(4) of the ESA in this case to extend the deadline for filing this application to September 20, 2001.
"Caroline Rowan"
for the Board