2713-99-ES 1008637 Ontario Limited operating as Metro Transit Group, 971945 Ontario Limited operating as Veterans Transportation, 744457 Ontario Ltd. operating as Veterans Taxi, Veterans Transport Limited, Applicants v. Carole Cowles, Wendy Well, Ronald Tessier, Bruce Sloane, Dale Moreau, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; March 13, 2000
- This 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. 54431 issued by an Employment Standards Officer. The applicant (employer) and Carole Cowles, Wendy Well and Ronald Tessier (three of the four employees directly affected by the Order to Pay) entered into Minutes of Settlement dated February 23, 2000. Those Minutes of Settlement provide:
O.L.R.B. File No: 2713-99-ES
E.P.B. File No: 50008536
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:
1008637 Ontario Limited o/s Metro Transit Group
971945 Ontario Limited o/s Veterans Transportation
744457 Ontario Ltd. o/s Veterans Taxi Veterans Transport Limited
(the Employer)
‑ and ‑
Carole Cowles, Wendy Well, Ronald Tessier, Bruce Sloane
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The Employer has applied for review of Order to Pay No. 54431 dated 20-10-1999. 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 $3,394.00
to be paid to the Employees
Bruce Sloane $ 104.00
Ron Tessier $1,338.12
Carole Cowles $1,520.20
Wendy Wells $3,500.00 $6,462.32
to be retained by the Government of $ 985.63
Ontario Consolidated Revenue Fund
total amount held by the Director $10,841.95
(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.
Mr. B. Sloane was not in attendance, his notice for the
Meeting was returned to the Board.
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 Hamilton this 23rd day of February 2000.
"Ron VanKleff" "Wendy Well"
Employer Employee
“Carole Cowles”
“Ronald P. Tessier”
For the Ministry of Labour
(where applicable)
The Ministry of Labour, although a party to these proceedings, is not a signatory to this settlement. Neither is Bruce Sloane. The Order to Pay that was the subject of this application directed the Employer to pay to the Director in trust the amount of $10,841.95, of which $104.00 was allocated to pay the claim of Bruce Sloane. The Employment Standards Officer found that the Employer had failed to pay $104.00 in wages to Mr. Sloane. Thus, this settlement has the same effect as the applicants abandoning or withdrawing their application for review in respect of Bruce Sloane. That is, if the applicants had abandoned or withdrawn their application for review in relation to the Order to Pay in respect of Mr. Sloane, Mr. Sloane would have received $104.00 plus interest from the Director. Under these circumstances, I am satisfied that the Board should direct the distribution of funds held in trust by the Director in the manner described in the Minutes of Settlement, subject to Bruce Sloane or the Ministry of Labour filing a timely objection to the Board’s direction.
Should the Ministry of Labour or Bruce Sloane 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, a written objection must be delivered 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
- Having regard to the Minutes of Settlement, the Board hereby orders that the total of $10,841.95 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 March 27, 2000:
(i) paid to the Employer $3,394.00
paid to the Employees
Bruce Sloane $ 104.00
Ron Tessier $1,338.12
Carole Cowles $1,520.20
Wendy Wells $3,500.00 $6,462.32
to be retained by the Government of Ontario $ 985.63
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.
- Pursuant to section 69.1(5) of the Act, this application is terminated.
“Harry Freedman”
for the Board