Konstantinos Glambedakis v. George Tolias Ltd. and Ministry of Labour
File No.: 2034-99-ES Employment Practices Branch File No.: 30013392 Before: Russell Goodfellow, Vice‑Chair. Decision of the Board: April 20, 2000
Decision
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. 2034-99-ES
E.P.B. File No. 30013392
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:
Konstantinos Glambedakis
‑ and ‑
George Tolias Ltd.
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- Mr. Glambedakis has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- Mr. Glambedakis and Mr. Tolias agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
see attached Schedule ‘A’
- 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 Toronto this 12th day of April, 2000.
“K. Glambedakis” . “G. Tolias” .
Schedule “A”
Konstantinos Glambedakis
Applicant
‑ and ‑
George Tolias Ltd.
Responding Party
‑ and ‑
Ministry of Labour
Responding Party
- The Ministry of Labour agrees to submit a copy of the following to all parties by April 30, 2000:
(a) Calculations of all monies earned from March 26, 1999 to July 16, 1999, by the applicant.
(b) Calculations of all monies paid by the respondant employer .
(c) Amount owing to Revenue Canada. Paid by the Respondant employer.
(d) Amount of vacation pay owing if any, to the Applicant.
- The employer agrees to issue an amended T4 slip to Revenue Canada by May 15, 2000.
The employer agrees to provide a copy to the Applicant.
If any vacation pay is owing the employer agrees to pay the amount owing by May 15, 2000 to the Applicant.
The Applicant and the Respondents agree to adjourn this matter sine die pending the execution of the minutes of settlement.
The parties agree that the figures provided by the Ministry office are correct.
Rate of Pay $15.00/hr
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.
5Having regard to the agreement of the parties, this application is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
“Russell Goodfellow”
for the Board