C.R.C. Creditor Resources Canada Ltd. v. Lisa Tiller and Ministry of Labour
File No.: 3725-98-ES Date: February 21, 2000 Ontario Labour Relations Board
Applicant: C.R.C. Creditor Resources Canada Ltd. Responding Parties: Lisa Tiller and Ministry of Labour
Before: Patrick Kelly, Vice-Chair.
Decision of the Board
1The style of cause is amended to reflect the correct name of the applicant: "C.R.C. Creditor Resources Canada Ltd.".
2This 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. M417-02 issued by an Employment Standards Officer.
3The applicant and the responding party, Lisa Tiller, entered into Minutes of Settlement dated February 15, 2000. Those Minutes of Settlement, which were completed without the assistance of a Labour Relations Officer of the Board, read as follows:
File No. 52 005925
ONTARIO LABOUR RELATIONS BOARD
IN THE MATTER OF
C.R.C. CREDITOR RESOURCES CANADA LTD.
- and -
LISA TILLER, MINISTRY OF LABOUR
MINUTES OF SETTLEMENT
THE PARTIES HERETO by their solicitors, or in person, agree to settle all of the issues in this matter as follows:
The Respondent, Lisa Tiller, shall be entitled to the sum of $4,000 for pain and suffering for the manner of her dismissal, inclusive of costs and any further claims.
The Respondent, Lisa Tiller, shall be paid out the sum of $4,000 from the sum presently being held in trust by the Director, Employment Standards, to the credit of this action and paid to the Director by the Applicant, C.R.C. Creditor Resources Canada Ltd., on Ferbruary 9, 1999 (File No. 52-005925, Order to Pay No. M417-02).
The balance of the funds being held together with the interest thereon shall be paid to C.R.C. Creditor Resources Canada Ltd., c/o John V. Kranjc, 201 – 20 Hughson Street South, P. O. Box 916, LCD 1, Hamilton, Ontario, L8N 3P6.
Lisa Tiller shall release C.R.C. Creditor Resources Canada Ltd. from any and all further claims and costs as a result of her employment with them and the termination of employment and the decision of The Employment Practices Branch.
These Minutes of Settlement shall be forwarded to the Director, Employment Standards Branch to effect a pay out to Lisa Teller of $4,000 and to C.R.C. Creditor Resources Canada Ltd. for the balance remaining to the credit of this action/matter.
Dated at Hamilton, Ontario this 15th day of February, 2000.
C.R.C. Creditor Resources Canada Ltd. by their solicitors Leggat, Baldwin, Keesmaat & Dixon Per: "John V. Kranjc" John V. Kranjc
Lisa Tiller, by her solicitors Dunburn Community Legal Services "Brenna MacNeil" Brenna MacNeil
4The Ministry of Labour, although a party to these proceedings, is not a signatory to this settlement. The settlement purports to refund to the applicant the full amount of the administrative costs paid by it pursuant to section 65(1.2)(b) of the Act, as well as all interest accumulated with respect to those costs. Rule 112 of the Board's Rules of Procedure provides as follows:
- An applicant requesting an order from the Board that the administrative costs required by an order of an Employment Standards Officer be returned to the applicant must give the Director of Employment Standards notice of that request at least ten (10) days prior to the hearing of the application. Such notice must also be given at least ten (10) days prior to any settlement meeting convened by a labour relations officer of the Board.
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 to the Board and the other parties 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, and a final decision of the Board shall issue.
Disposition
5I am seized to deal with the Ministry's submissions.
"Patrick Kelly" for the Board