0999-99-ES Moira Stott-Merrithew and Lindsay Merrithew, o/a Stott Pilates Studio and 1127908 Ontario Inc., Applicants v. Joan Kwan, and Ministry of Labour, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; January 18, 2000
1In a decision dated December 7, 1999 the Board requested the Director of Employment Standards to advise the Board whether or not he consents to the settlement reached by the parties. By letter dated December 17, 1999 the Director did so, through a designated person to whom he delegated the decision. The person so designated advised the Board that she was prepared to reduce the administrative fee to $666.27 from the original $1,211.40, but no further.
2The applicant was directed to provide the Board with its submissions within fifteen days of the date of this decision. The applicant has provided the Board with a copy of a letter to the Director’s delegate, but no other submissions. Since those submissions are directed to the discretion of the Director, they are not matters on which this Board should or will comment.
3Clearly the parties have reached an agreement based on a condition which cannot be satisfied. If the applicant were prepared to accept that the administrative fee be paid from the portion of the monies held in trust which the parties agreed should be paid to the employer (which appears to be at least contemplated by the Director’s delegate), then clearly the agreement could be acted upon. The employee would receive her part of the bargain and could have no interest in what becomes of the remainder. If the applicant is not prepared to do so, then there is no enforceable agreement and the matter will be scheduled for hearing.
4The applicant is directed to advise the Board and the responding parties of its position within five working days of the date of this decision.
“David A. McKee”
for the Board