Ontario Labour Relations Board
1073-00-ES McIntosh Country Inn Inc., Applicant v. Doug Hart and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 23000947
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; December 20, 2000
Decision
1This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c.E‑14, as amended (the "Act") for review of Order to Pay No. 49721 issued by an Employment Standards Officer. The applicant (employer) and Doug Hart (the employee directly affected by the order to pay) have reached a settlement in this matter. The “settlement” was reached by virtue of the acceptance by counsel for the applicant of a settlement offer proposed by the Trustee in Bankruptcy for Doug Hart. The text of the two letters are set out as follows:
December 15, 2000
McInnis, MacEwen & Horner P.O. Box 733, 77 Village Plaza Morrisburg, Ontario K0C 1X0
Attention: G. Eldon Horner
Dear Mr. Horner:
RE: Doug Hart, In Bankruptcy
We advise that we will settle for the amount of $1,419.35 to resolve the matter between Mr. Doug Hart and McIntosh Country Inn Inc. regarding his termination of employment.
We acknowledge that your client will be holding back, as well as providing a breakdown of, the applicable statutory deductions.
You can advise the Labour Relations Board that the matter is closed and we then anticipate the monies to be forwarded to Doyle Salewski Inc., Trustee of Douglas Hart.
Thank you for your assistance in this matter.
Yours truly,
“Teresa Micucci”
Teresa Micucci
Director
Personal Insolvency Services
December 20, 2000
VIA FAX: 416-326-7531
Ontario Labour Relations Board 505 University Avenue, 2nd Floor TORONTO, Ontario M5G 2P1
ATTENTION: Mr. Tim R. Parker, Registrar
Dear Sirs:
RE: McIntosh Country Inn Inc. v. Doug Hart and Ministry of Labour Your File No. 1073-00-ES Employment Practices Board No. 23 000947
While my clients still disagree with the finding made at the initial hearing, the costs of proceeding with this appeal outweigh the potential benefits. Attached you will find correspondence from the Bankruptcy Trustee proposing a settlement. My clients have decided to accept the settlement and, as a result will not be attending for hearing tomorrow. You will note that on the attached letter my clients have provided calculations of the appropriate deductions. My understanding is that a cheque will be made payable to the Bankruptcy Trustee in the amount of $1,064.29 and that the balance will be returned to the McIntosh Country Inn Inc. to be remitted.
I have no phone number for Mr. Hart, but I am faxing this correspondence to the Bankruptcy Trustee as well. I would hope that either the Board or the Trustee will be able to reach Mr. Hart to avoid the need for him to attend for hearing in Toronto tomorrow.
Sincerely,
McINNIS, MacEWEN & HORNER
“illegible signature”
for G. Eldon Horner
2The Ministry of Labour, although a party to these proceedings, did not participate in the fashioning of the settlement. Should the Ministry of Labour have any objection to the settlement or to the Board making an order directing the Ministry of Labour to disburse the funds in accordance with the settlement set out above, it must deliver its written objection to the Registrar of the Board within 10 working days of the date of this decision. Should no written objection be delivered on or before that date, the Board deems the Ministry of Labour on its own behalf and on behalf of the Employment Standards Officer who issued the order to pay to have consented to the aforesaid settlement.
3Having regard to the settlement of the parties, the Board hereby orders that the monies held in trust by the Director be disbursed as stated in the settlement as soon as practicable after the expiry of the 10 working day period referred to above unless an objection is delivered to the Registrar on or before January 9, 2001.
4Pursuant to section 69.1(5) of the Act, this application is terminated. The hearing in this matter scheduled for December 21, 2000 is therefore cancelled.
“John Morgan Lewis”
for the Board