1899-99-ES Rep-Pharm Inc., Applicant v. Gezel Bourne and Ministry of Labour, Responding Parties.
BEFORE: John M. Lewis, Vice-Chair.
DECISION OF THE BOARD; January 19, 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 an order of an Employment Standards Officer. The applicant (employer) and Gezel Bourne (the employee directly affected by the order to pay) entered into Minutes of Settlement dated January 10, 2000. Those Minutes of Settlement provide:
O.L.R.B. File No: 1899-99-ES
E.P.B. File No: 30013161
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:
Gezel Bourne
(the Employee)
- and -
Rep-Pharm Inc.
(the Employer)
- and -
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay set out in letter dated August 17, 1999. 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 Employer $ 8503.80
to be paid to the Employee $ Ø
to be retained by the $ 850.38
Government of Ontario
Consolidated Revenue Fund
total amount held by the Director $ 9,354.18
(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.
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.
Receipt of these Minutes of Settlement by the Ministry of Labour constitutes a Direction to the Ministry to pay out the money in trust in accordance with the terms of this agreement.
Signed at Toronto this 10th day of January, 2000
"Bill Vandenenden" "Gezel Bourne "
Employer Employee
n/a .
For the Ministry of Labour
(where applicable)
R E L E A S E
IN CONSIDERATION of the amount of Two Thousand Two Hundred ($2,200.00) Dollars less statutory deductions and other valuable consideration, the sufficiency of all of which is hereby acknowledged, GEZEL BOURNE, on behalf of herself, her heirs, executors, administrators, successors and assigns (hereinafter referred to as the “Releasor”) does hereby release and forever discharge REP-PHARM INC. its affiliates, divisions, subsidiaries, predecessors, successors, assigns, servants, employees, officer and directors (hereinafter referred to as the “Release)) of and from any and all claims, demands, actions, causes of action of every kind, known or unknown, howsoever arising, including, without restricting the generality of the foregoing, all claims arising out of or in any way related to the employment of the Releasor by the Releasee or any of them, or the termination of such employment including, without restricting the generality of the foregoing, all claims for wrongful dismissal or breach of contract or claims arising under or in connection with the Employment Standards At, the Human Rights Code; claims or reinstatement or payment under the Workers’ Compensation Act; or claims for mental or physical disability or sickness or for insurance benefits and including all loss or damages not now known or anticipated but which may arise in the future, and all effects and consequences thereof.
THE RELEASOR hereby specifically covenants, represents and warrants to the Release that she has no further claim against the Releasee for or arising out of her employment with the Releasee or the termination of such employment including, without limiting the generality of the foregoing, any claims for pay, notice of termination, pay in lieu of such notice, severance pay, expenses, bonus, commission, overtime pay, interest, benefits, reinstatement, vacation pay and specifically including any claim under the Employment Standards Act, the Human Rights Code, the Workers’ Compensation Act, or any other similar legislation governing or related to the employment of the Releasor. The Releasor also acknowledges that she has been paid all amounts owing to her under the foregoing statutes, and that she has not been subject to unequal treatment, contrary to the Human Rights Code.
THE RELEASOR AGREES that should she hereafter make any claim or demand or commence or threaten to commence any action, claim or proceeding to make any complaint against the Releasee or anyone for or by reason of any cause, matter or thing, this document may be raised as an estoppel and complete bar to any such claim, demand, action, proceeding or complaint.
AND FOR THE SAID CONSIDERATION the Releasor further agrees:
(a) that the releasor shall not make any claim or take any proceedings in respect of any matter covered by this Release against any other person who, or corporation which, might claim contribution or indemnity from the Releasee or any of them;
(b) that should, as a result of the Releasor breaching the provisions of sub-paragraph (a), any such further claims be made by any person or entity to which the Releasee or any of them might be liable, directly or indirectly, the Releasor on behalf of herself, her heirs and assigns, agrees to and will hold harmless and indemnify the Releasee, or any of them, of and from any and all liability for such claim including all costs, expenses and counsel fees expended in defending such claim;
(c) that the Releasor hereby undertakes and agrees not to disclose the facts of this settlement or agreement or the terms thereof to any third party, except to her solicitor or as required by law, without the consent of the Releasee;
(d) that the settlement is being made without any admission of liability whatsoever on the part of the Releasee;
(e) that the Releasor hereby undertakes and agrees to indemnify and save harmless the Releasee or any of them from and against all claims or demands arising under the Income Tax Act (Canada) for or in respect of withholding taxes which may arise from the payments under this settlement and any interest or penalties relating thereto and any reasonable costs or expenses incurred in defending such claims or demands;
(f) that the Releasor hereby undertakes and agrees to indemnify the Releasee or any of them in respect of any claims or demands by Human Resources Development Canada for overpaid benefits which, according to Human Resources Development Canada, ought to have been deducted from any amounts paid pursuant to the settlement and to have been remitted to the Receiver General by the Releasor or by any of the Releasee and any interest or penalties relating thereto and any reasonable costs or expenses incurred in defending such claims or demands.
THE RELEASOR ACKNOWLEDGES that she has read over the Release; that she has had an opportunity to obtain independent legal advice; that she understands that the Release contains a full and final release of all claims that she has or may have against the Releasee, relating to her employment or the termination of such employment.
IN WITNESS WHEREOF the Releasor has hereunto set her hand and seal this 12th day of January, 2000.
SIGNED, SEALED AND DELIVERED )
in the presence of: )
“illegible” . ) “Gezel Bourne” .
WITNESS ) GEZEL BOURNE
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.
3Having regard to the Minutes of Settlement, the Board hereby orders that the total of $9,354.18 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 31, 2000:
(i) paid to the Employer $ 8,503.80
paid to the Employee $ Ø
to be retained by the $ 850.38
Government of Ontario
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.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
“John Morgan Lewis”
for the Board