A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors' orders. The OLRB confirmed that that it had no authority to hear late-filed appeals.
A Ministry of Labour inspector wrote compliance orders against the employer under the Occupational Health and Safety Act on November 19, 2013. The employer filed its appeal with the OLRB on December 31, 2013, which was more than 30 calendar days later.
The employer stated that this was the first time that it has completed an appeal, and had mistakenly understood that faxing appeal documents to the Ministry of Labour inspector was sufficient to start the appeal.
The OLRB noted that the appeal must be filed with the OLRB, not the Ministry of Labour, within 30 calendar days of the date of the inspector's Order, and that the appeal form makes that quite clear. The OLRB stated that "it is apparent that the [employer] simply did not review the appeal form and Information Bulletin No. 21″ carefully enough. However, the Ministry of Labour and OLRB are different entities, and the OLRB has no authority to extend the time for filing the appeal of the inspector's order.
The appeal was therefore dismissed.
LifeLabs v. A Director under the Occupational Health and Safety Act, 2014 CanLII 2302 (ON LRB)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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