Ontario Labour Relations Board
File No.: 0841-00-ES Employment Practices Branch File No.: 43002193
David Bailey, Applicant v. Matsu Manufacturing Inc. and Ministry of Labour, Responding Parties.
Before: John Morgan Lewis, Vice-Chair.
Decision of the Board: October 25, 2000
This 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.
The 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.
The Minutes of Settlement provide:
O.L.R.B. File No. 0841-00-ES
E.P.B. File No. 43002193
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:
David Bailey The Employees [sic]
‑ and ‑
Matsu Manufacturing The Employer
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- David Bailey has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- David Bailey and Matsu Manufacturing agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
(3) The Employer will pay to the employee the sum of $1000.00 (one thousand) dollars minus applicable statutory deductions as full and final settlement of any and all claims he had, has, or may have against the employer.
(4) The monies paid in (3) above is in no way any admission of wrong doing on the part of the Employer.
(5) The Employer agrees to make the above payment with fourteen (14) days of the execution of these Minutes of Settlement.
- 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.
Signed at the Board this 23 day of Oct, 2000.
“David Bailey” . “illegible signature” .
Employee Employer
Section 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.
Pursuant to section 69.1(5) of the Act, this application is terminated.
“John Morgan Lewis”
for the Board