2013
ON LRB
2013 CanLII 23924 (ON LRB)
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.
Ontario
