0924-01-ES Izzatullah Vani, Applicant v. Steven Lang, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61005624
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 13, 2001
This is an application for a review of a decision of an employment standards officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 (“the Act”). Sections 68(3), 68(5) and 68(7) provide as follows:
(3) An application for a review must be made,
(a) in the case of an application for a review of an order, within 45 days after the date of the order;
(b) in the case of an application for a review of a refusal to issue an order, within 45 days after the date of the letter advising of the refusal or the date on which the refusal was deemed to have occurred under subsection 67 (2).
(5) In the case of an order that requires the payment of money to the Director in trust, the Board may not extend the time for applying for a review if the Director has paid the money to an employee or employees under subsection 72 (2).
(7) An application for a review of an order requiring the applicant to pay an amount is not properly made and the Board shall not proceed with the review unless, within the time for applying for the review, the applicant pays the amount to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director.
The application was filed beyond the time during which an appeal may be made. Notwithstanding a letter from the Registrar advising the applicant of that fact, the applicant has not made an application to extend the time for filing an application. Even if he had done so, the Board would be unable to consider it as the applicant has not paid the money specified in the order to Pay to the Director of Employment Standards in trust. Again, advice to this effect from the Registrar has elicited no response from the applicant.
This application is dismissed.
“David A. McKee”
for the Board