Duro-Cote Company Ltd., Applicant v. Alison McKendry and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011192
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 1, 2000
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. 49725 issued by an Employment Standards Officer. The applicant (employer) and Alison McKendry (the employee directly affected by the order to pay) entered into Minutes of Settlement dated November 28, 2000. Those Minutes of Settlement provide:
O.L.R.B. File No: 1326-00-ES
E.P.B. File No: 40011192
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:
Duro-Cote Company Limited
(the Employer)
‑ and ‑
Alison McKendry
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 49725 dated June 22, 2000. In order to resolve this matter, the Employer and Employee agree to request that the Ministry of Labour disburse the funds paid to the "Director in trust" as follows:
(i) to be paid to the Employer $ 4,334.01
to be paid to the Employee $ 3,000.00
to be retained by the Government $ 1,000.00
of Ontario Consolidated Revenue Fund
total amount held by the Director $ 8,334.01
(ii) interest earned on the moneys held in trust in
this matter is to be paid to the above parties in
proportion to the amounts paid out.
The Employer will provide Alison McKendry with an employment letter in the form attached as Appendix A (on file with the Board), typed on company letterhead, and mailed to her at her home address on or before December 1, 2000.
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.
Receipt of these Minutes of Settlement by the Ministry of Labour constitutes a Direction to the Ministry to pay out the money in trust in accordance with the terms of this agreement.
Signed at Toronto this 28th day of November 2000.
(“Andrew W.J. Davidson”) (“Alison McKendry’s”)
Employer Employee
Andrew W. J. Davidson note Alison McKendry’s address
18 Second Avenue
Stanley Park
Erin, Ontario N0B 1T0
For the Ministry of Labour
(where applicable)
2The Ministry of Labour, although a party to these proceedings, is not a signatory to this 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 Minutes of 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 Minutes of Settlement.
DISPOSITION
3Having regard to the Minutes of Settlement, the Board hereby orders that the total of $8,334.01 trust by the Director be disbursed as follows 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 December 18, 2000.
(i) paid to the Employer 4,334.01
paid to the Employee 3,000.00
to be retained by the Government of 1,000.00
Ontario Consolidated Revenue Fund
(ii) interest earned on the moneys held in trust in this
matter is to be paid to the above parties in proportion
to the amounts paid out.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
“Inge M. Stamp”
for the Board