2088-99-ES Frank Trachuk, Applicant v. Indus Systems and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34001845
BEFORE: Caroline Rowan, Vice‑Chair.
DECISION OF THE BOARD; April 17, 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. 2088-99-ES
E.P.B. File No. 34001845
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:
Frank Trachuk
‑ and ‑
Indus Systems
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- Frank Trachuk has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- Frank Trachuk and Indus Systems agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
See attachment, Appendix ‘A’
- 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 3rd day of March, 2000.
“Frank Trachuk” . “Rafi Mustafa” .
for: Indus Systems
APPENDIX ‘A’
Indus Systems will pay to the Applicant $1,917 for vacation pay and wages (less normal Statutory deductions) and following such deductions, half of the monies shall be submitted by the employer to the Ministry of the Attorney General for support payment.
In addition, the Employer will pay the Applicant $150 in expenses and deduct $400 for the cost of a computer.
The foregoing shall be implemented by no later than 5:00 p.m. April 7, 2000
“Frank Trachuk” . “Rafi Mustafa” .
Frank Trachuk Indus Systems
(Applicant) (Employer)
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.
“Caroline Rowan”
for the Board