Ontario Labour Relations Board
0347-00-ES Marc Desbrée, Applicant v. Le Groupe Climec Inc. et, Ministère du travail, Responding Parties.
Employment Practices Branch File No. 20034561
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; August 10, 2000
1This 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.
2The 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.
3The Minutes of Settlement provide:
O.L.R.B. File No. 0347-00-ES
E.P.B. File No. 20034561
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:
Marc Desbrée
- and -
Le Groupe Climec Inc. (“Climec”)
- and -
Ministry of Labour
MINUTES OF SETTLEMENT
- Marc Desbrée has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No. __________
dated ________________.
Marc Desbrée and Le Groupe Climec Inc. agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above.
The terms and conditions of this Settlement are on a without prejudice/without precedent basis and are confidential except as relate to immediate family and where [illegible] by law.
Marc Desbrée will sign a full and final release (as provided by “Climec” by July 31, 2000) on or before Aug. 09, 2000.
“Climec” shall pay the sum of $2,250.00 less statutory deductions within 14 days of receiving the release signed as per paragraph 4.
Should the confidentiality clause in para. 3 be breached by Marc Desbrée all monies received will be returned.
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 Ottawa this 26th day of July, 2000.
“Marc Desbrée” “Bernard Benoît”
Marc Desbrée Bernard Benoît
4Section 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.
5Pursuant to section 69.1(5) of the Act, this application is terminated.
“D. L. Gee”
for the Board