3724-98-ES On Stage Theatres Canada Inc., Applicant v. Ron Arnold and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; January 10, 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. 49055 issued by an Employment Standards Officer. The applicant (employer) and Ron Arnold (the employee directly affected by the order to pay) entered into Minutes of Settlement dated December 8, 1999. Those Minutes of Settlement provide:
O.L.R.B. File No: 3724-98-ES
E.P.B. File No: 32004979
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:
On Stage Theatres Canada Inc.
(the Employer)
‑ and ‑
Ron Arnold
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 49055 dated 04-Dec-98. 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 $ 977.96
to be paid to the Employer $ Ø
to be transferred to the $ 100.00
Government of Ontario
Consolidated Revenue Fund
total amount of the order to pay $1,077.96
(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 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 this 8th day of December 1999.
"Sue Wade" "Ron Arnold"
Employer Employee
For the Ministry of Labour
(where applicable)
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 $1,077.96 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 24, 1999:
(i) paid to the Employee $ 977.96
to be retained by the Government of Ontario $ 100.00
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.
4Although the employer and employee have agreed that they may request the Board to relist this matter for hearing within 90 days of the date of this decision if the Ministry does not disburse the funds, the Board notes that the Director is obliged by virtue of the Board’s order herein to disburse the funds unless the Ministry of Labour objects to the settlement. Thus, despite the parties’ agreement that this application will be dismissed if no request to relist this matter for hearing within 90 days of December 8, 1999 is filed with the Board, sections 69.1(5) of the Act expressly provides that the application terminates if the settlement disposes of all of the issues in the application. The Board is satisfied that the settlement does, in fact, dispose of all of the issues in the application. Pursuant to section 69.1(5) of the Act, this application is therefore terminated.
“Harry Freedman”
for the Board