Day office is closed counts toward deadline if not a statutory holiday
An Ontario employer could not consider a day when the office was closed as a holiday when working towards a deadline stipulating a particular number of business days for filing an accident report with the Ontario Workplace Safety and Insurance Board (WSIB), the board’s appeals tribunal has ruled.
A technician for the employer injured his back on Dec. 30, 2005, while at work. He sought medical attention the following day and reported the incident to the employer on Jan. 1, 2006, which was a Sunday. The employer began putting together an official report on the injury for the WSIB, as required by law, on the Jan. 4, which was the next day the office was open. The deadline for filing such reports was seven business days after the employee reports the incident. However, the report was filed on Jan. 12, which was nine business days later. The employer was issued a $250 late filing penalty.
The employer challenged the late penalty, saying the injury was reported on a Sunday, Jan. 1. The office was closed on Jan. 2 and 3, which the employer considered holidays in Quebec where the human resources office was located. Therefore, Jan. 4 was the next business day, the employer said, and its office didn’t receive the employee’s report until that day. This made Jan. 12 only seven business days after the injury report.
The tribunal said the injury happened in Ontario and the worker was employed in Ontario, so that province’s holidays were the ones that applied. Since Jan. 1 was a Sunday, Monday, Jan. 2 was a holiday. However, the tribunal said, “(Jan. 2) was the only statutory holiday that is relevant to this matter.”
Even though the employer’s office was closed on Jan. 3, the tribunal found, that day wasn’t a statutory holiday and should be counted as a business day when calculating the deadline for filing the injury report. This made Jan. 12 the eighth business day after the employee reported the injury and the beginning of the employer’s reporting obligation.
The employer’s appeal was denied and the tribunal upheld the $250 late filing penalty. See Ontario Workplace Safety and Insurance Appeals Tribunal Decision No. 1221/08, 2008 CarswellOnt 5732 (Ont. W.S.I.A.T.).
A technician for the employer injured his back on Dec. 30, 2005, while at work. He sought medical attention the following day and reported the incident to the employer on Jan. 1, 2006, which was a Sunday. The employer began putting together an official report on the injury for the WSIB, as required by law, on the Jan. 4, which was the next day the office was open. The deadline for filing such reports was seven business days after the employee reports the incident. However, the report was filed on Jan. 12, which was nine business days later. The employer was issued a $250 late filing penalty.
The employer challenged the late penalty, saying the injury was reported on a Sunday, Jan. 1. The office was closed on Jan. 2 and 3, which the employer considered holidays in Quebec where the human resources office was located. Therefore, Jan. 4 was the next business day, the employer said, and its office didn’t receive the employee’s report until that day. This made Jan. 12 only seven business days after the injury report.
The tribunal said the injury happened in Ontario and the worker was employed in Ontario, so that province’s holidays were the ones that applied. Since Jan. 1 was a Sunday, Monday, Jan. 2 was a holiday. However, the tribunal said, “(Jan. 2) was the only statutory holiday that is relevant to this matter.”
Even though the employer’s office was closed on Jan. 3, the tribunal found, that day wasn’t a statutory holiday and should be counted as a business day when calculating the deadline for filing the injury report. This made Jan. 12 the eighth business day after the employee reported the injury and the beginning of the employer’s reporting obligation.
The employer’s appeal was denied and the tribunal upheld the $250 late filing penalty. See Ontario Workplace Safety and Insurance Appeals Tribunal Decision No. 1221/08, 2008 CarswellOnt 5732 (Ont. W.S.I.A.T.).
