Insheel Inc. v. Le, 2000 CanLII 3606

Insheel Inc. v. Le, 2000 CanLII 3606

1517-99-ES Insheel Inc. carrying on business as Krypton Systems,; and Gautam Subramaniam, Nizar Hammad, Sammy Halawa, in partnership, operating as Krypton Systems, Applicant v. Mahn Tien Le, Kaaren Perkio-Bryans, Employment Standards Officer and Ministry of Labour, Responding Parties.

BEFORE: Harry Freedman, Vice-Chair.

DECISION OF THE BOARD; March 13, 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. 48397 issued by an Employment Standards Officer. The applicant (employer) and Mahn Tien Le (the employee directly affected by the order to pay) entered into Minutes of Settlement dated February 1, 2000, as amended by Minutes of Settlement dated March 6, 2000. Those Minutes of Settlement as amended provide:

O.L.R.B. File No: 1517-99-ES

E.P.B. File No: 20033523

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:

Insheel Inc. carrying on business as Krypton Systems; and

Gautam Subramaniam, Nizar Hammad, Sammy Halawa, in

partnership, operating as Krypton Systems

(the Employer)

‑ and ‑

Manh Tien Le

(the Employee)

‑ and ‑

The Ministry of Labour

Minutes of Settlement

The employer has applied for review of Order to Pay No. 48397 dated February 3, 1999.

The parties are in agreement with the following:

1. that Sammy Halawa was never a Director of Insheel Inc. and was only an employee,

2. Under the Business Names Act for a general partnership Gautam Subramaniam and Nizar Hammad registered Sammy Halawa as a partner without the knowledge and consent of Sammy Halawa,

3. That the Ministry of Labour amend the Order to pay No. 48397 by deleting Sammy Halawa as the Employer,

4. That the Ministry of Labour disburse the funds paid to the “Director in trust” by Sammy Halawa in the amount of $2,304.24 plus interest earned on the moneys held in trust in this matter to Sammy Halawa.

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 Ottawa this 1st day of February, 2000.

"Gautam Subramaniam"

Employer

"Manh Tien Le" “Sammy Halawa”

Employee 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 the Director to disburse the funds held in trust in the amount of $2,304.24 plus interest to Sammy Halawa 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.

4Pursuant to section 69.1(5) of the Act, this application is terminated.

“Harry Freedman”

for the Board