3485-99-ES Penny-Lynn McDonald, Applicant v. Post Producers Digital Ltd. and Sophic Learning Systems Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41007794 and 41007795
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; June 5, 2000
This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c.E.14, as amended, (the "Act") of a refusal to issue an order.
The employer and employee affected by this application entered into Minutes of Settlement with the assistance of a Labour Relations Officer pursuant to section 69.1 of the Act.
The Minutes of Settlement provide:
O.L.R.B. File No. 3485-99-ES
E.P.B. File No. 41007794 and 41007795
In the matter of an application for review under section 68 of the Employment Standards Act R.S.O. 1990 c.E.14 as amended
Between:
Penny-Lynn McDonald
‑ and ‑
Post Producers Digital Ltd. and Sophic Learning Systems Inc.
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- Penny-Lynn McDonald has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- Penny-Lynn McDonald and Post Producers Digital Ltd. and Sophic Learning Systems Inc. agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
The parties agree that Appendix “A” forms a part of these Minutes of Settlement
- As this settlement disposes of all issues in dispute, the parties agree that this application is terminated in accordance with subsection 69.1(5) of the Act.
Signed at Toronto this 1 day of June, 2000.
“Penny-Lynn McDonald” . “Tim Deterling” .
Penny-Lynn McDonald Tim Deterling
File #3485-99-ES
Appendix “A”
Whereas the parties desire to resolve all matters in dispute between them
And whereas the Applicant has filed an action in Whitby, Court File No. 02245/99 in addition to EPB File Nos. 41007784 and 41007795.
The parties agree as follows
The Responding Parties will pay to the Applicant the amount of nine-thousand five-hundred dollars ($9,500.00). Such amount to be paid by June 8, 2000 by certified cheques. The amount of $4,500.00 to be paid to Penny McDonald as damages. The amount of 5,000.00 to be paid to James LeNoury barrister and solicitor for legal costs.
In consideration of the payment of the amount set out in paragraph one the applicant agrees to withdraw EPB file no. 41007784 and 41007795.
The applicant further agrees to discontinue her action 02245/99 without costs upon receipt of the necessary consent from the Defendant and the appropriate order shall be taken out and filed forthwith.
The parties agree that these Minutes of Settlement resolve the matters arising from the engagement of the Applicant with the Responding Parties which concluded on November 18, 1998.
Dated at Toronto Ontario this 1st day of June 2000
“Tim Deterling” .
For Sophic Learning Systems Inc.
Tim Deterling
“Tim Deterling” .
For Post Producers Digital Ltd.
Tim Deterling
“Penny-Lynn McDonald” .
Penny-Lynn McDonald
Section 69.1(2) of the Act provides that the settlement is binding on the parties who entered into it. Should a party bound by the settlement fail to comply with it, a remedy is available under section 69.1(8) of the Act.
Pursuant to section 69.1(5) of the Act, this application is terminated.
“John Morgan Lewis”
for the Board