1483-99-ES Terry A. Bernier, Applicant v. Miller Waste Systems Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34001024
BEFORE: Russell Goodfellow, Vice‑Chair.
DECISION OF THE BOARD; April 20, 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. 1483-99-ES
E.P.B. File No. 34001024
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:
Terry A. Bernier
‑ and ‑
Miller Waste Systems Ltd.
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- Terry A. Bernier has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
Terry A. Bernier and Miller Waste Systems Ltd. agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
Miller Waste Systems Ltd. agrees to pay Terry Bernier the sum of $4600.00 by April 21, 2000.
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. The parties release one another from all claims of any nature arising out of the employment relationship.
Signed at Toronto this 11th day of April, 2000.
“D. L. Blasiak” . “Terry Bernier” .
D. L. Blasiak Terry Bernier
For Miller Waste Systems
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.
“Russell Goodfellow”
for the Board