0868-99-ES George Traikos operating as Traikos Restorations, Applicant v. Antonio Pereira and Ministry of Labour, Responding Parties.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; January 6, 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. 49290 issued by an Employment Standards Officer. The applicant (employer) and Antonio Pereira (the employee directly affected by the order to pay) entered into Minutes of Settlement dated December 21, 1999. Those Minutes of Settlement provide:
O.L.R.B. File No: 0868-99-ES
E.P.B. File No: 30012889
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:
George Traikos operating as Traikos Restorations
(the Employer)
‑ and ‑
Antonio Pereira
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 49290 dated 29-4-99. 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 Employee $ 426.35
to be paid to the Employer $ Ø
to be retained by the $ 155.90
Government of Ontario
Consolidated Revenue Fund
total amount held by the Director $ 582.25
(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 and the Employee acknowledge that if the Ministry does not disburse the funds held in trust as outlined above, either of them may request that this matter be relisted for hearing. If no request to relist the matter is received by the Ontario Labour Relations Board within 90 days of the date of these minutes, the application for review shall be dismissed.
The employer agrees to provide the employee with the Record of Employment (ROE) forthwith and the T4 slip within 30 days of todays date. Should the employer fail to do this, the employee can request in writing a new hearing date.
The above settlement is on a without prejudice basis, without any admission of liability, and cannot be relied on by any party if the matter is relisted for hearing.
Signed at Toronto this 21st day of December 1999.
"George Traikos" "Antonio Pereira"
Employer Employee
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 $582.25 held in 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 January 20, 2000 but in any event there shall be no disbursement until the responding party confirms in writing to the Director that he has received the Record of Employment and T4 slip:
(i) paid to the Employer $ Ø
paid to the Employee $ 426.35
to be retained by the Government of Ontario $ 155.90
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.
4Unless a request is made within 90 days of the date of the Minutes of Settlement to relist the matter for hearing, this application will be considered terminated.
"Anthony Brown"
for the Board