Marketing Concepts Group Inc. v. Nickeisha Urquhart and Ministry of Labour
File No.: 0391-01-ES Employment Practices Branch File No.: 43003303
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; June 18, 2001
1By letter dated April 24, 2001, the employer advised the Director of Employment Standards that it was seeking an application for review of an Order to Pay issued against it. The employer submitted a cheque to the Director of Employment Standards in trust 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 Board assumed that the employer was attempting to file an application for review pursuant to section 68 of the Employment Standards Act (the “Act”). However, what was filed did not comply with the Board’s Rules, particularly Rules 16, 17 and 24, which read:
Applications, responses and other material that must be filed with the Board may not be filed by Registered Mail or e-mail. They may be filed in any other manner subject to the limitations on filing by facsimile transmission set out in Rule 17.
The following may not be filed by facsimile transmission:
(a) applications;
(b) responses (except for responses and representations filed in cases covered by Rules 62 (representation votes), 68 and 140 (certification), 74 and 146 (termination of bargaining rights under sections 63 or 132 of the Act), 97 (interim orders), and 99 (strikes or lock‑outs));
(c) membership evidence; and
(d) evidence that employees do not wish to be represented by a trade union.
- Every case must be started by completing and filing the proper application form and filing any other documents required by these Rules.
3The Board sent the employer a letter dated May 24, 2001 indicating that the Board was unable to process the application as it had not been filed on the correct form and did not comply with the Board’s Rules of Procedure. The Board sent the employer a set of the appropriate forms and the pertinent rules, and directed that the employer had an additional ten (10) working days in which to file its application properly.
4To date the Board has received nothing further from the employer. As the ten (10) days have now passed, it would appear that the employer does not wish to file an application for review in this matter.
DISPOSITION
5This matter is hereby terminated.
“Christopher J. Albertyn”
for the Board