ONTARIO LABOUR RELATIONS BOARD 3504-12-ES Roxan Leah ...
3504-12-ES Roxan Leah Udan, Applicant v. Shabnam Vos and Director of Employment Standards, Responding Parties. Employment Practices Branch File No. 70108482-6
BEFORE: Kelly Waddingham, Vice-Chair.
DECISION OF THE BOARD: April 29, 2013
1. This is an application under section 116 of the Employment Standards Act, 2000 (“the Act”). The applicant seeks to review the decision of an Employment Standards Officer (“ESO”) not to issue an order to pay wages against the responding party. 2. The ESO’s narrative report indicates that the claim was made in respect of unpaid wages while she was employed as a live-in caregiver for the responding party’s elderly mother. The ESO found that the applicant was owed $11,430.23 in unpaid wages, public holiday pay, overtime pay and vacation pay. 3. Section 111(1) of the Act requires that claims for wages be made within six months (or in some cases 12 months) of when those wages became due. However the ESO was unable to issue an Order to Pay as the applicant’s employment with the Employer ended on April 3, 2011. The applicant did not file her claim under the Act until May 31, 2012. 4.
The Board does not have the discretion to relieve against a statutory time limit.
5.
The application is dismissed in accordance with section 111(1) of the Act.
“Kelly Waddingham” for the Board
2013 CanLII 23924 (ON LRB)
ONTARIO LABOUR RELATIONS BOARD
BEFORE: Kelly Waddingham, Vice-Chair.
DECISION OF THE BOARD: April 29, 2013
1. This is an application under section 116 of the Employment Standards Act, 2000 (“the Act”). The applicant seeks to review the decision of an Employment Standards Officer (“ESO”) not to issue an order to pay wages against the responding party. 2. The ESO’s narrative report indicates that the claim was made in respect of unpaid wages while she was employed as a live-in caregiver for the responding party’s elderly mother. The ESO found that the applicant was owed $11,430.23 in unpaid wages, public holiday pay, overtime pay and vacation pay. 3. Section 111(1) of the Act requires that claims for wages be made within six months (or in some cases 12 months) of when those wages became due. However the ESO was unable to issue an Order to Pay as the applicant’s employment with the Employer ended on April 3, 2011. The applicant did not file her claim under the Act until May 31, 2012. 4.
The Board does not have the discretion to relieve against a statutory time limit.
5.
The application is dismissed in accordance with section 111(1) of the Act.
“Kelly Waddingham” for the Board
2013 CanLII 23924 (ON LRB)
ONTARIO LABOUR RELATIONS BOARD
