0381-00-ES 1218785 Ontario Inc. o/a Regional Personnel, Applicant v. Charles David Steele and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 51076942
BEFORE: John M. Lewis, Vice-Chair.
DECISION OF THE BOARD; August 31, 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. 57926 issued by an Employment Standards Officer. The applicant (employer) and Charles David Steele (the employee directly affected by the order to pay) entered into Minutes of Settlement dated August 25, 2000. Those Minutes of Settlement provide:
O.L.R.B. File No: 0381-00-ES
E.P.B. File No: 51076942
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:
1218785 Ontario Inc. o/a Regional Personnel (the Employer)
- and -
Charles David Steele (the Employee)
- and -
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 57926 dated April 19, 2000. 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 $ 798.00 to be paid to the Employee $ 900.00 to be retained by the $ 169.78 Government of Ontario Consolidated Revenue Fund total amount held by the Director $ 1,867.78
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.
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 which includes appendix 'A'.
Signed at Hamilton this 25th day of August, 2000
"Robert Diab" "C. Steele" . Employer Employee
n/a . For the Ministry of Labour (where applicable)
Appendix 'A' 0381-00-ES
The parties further agree to the following:
The employee, Mr. Charles Steele, agrees to withdraw his appeal, #20001-385 (CPP) against the employer before the TAX COURT OF CANADA.
The appellant company wishes to settle this matter without prejudice to its position with respect to the issue an appeal, and maintains that Mr. Charles Steele, along with all other persons operating taxi vehicles for the appellant company, held a contract for service and was therefore a dependent contractor and not an employee of the company.
The responding party, Mr. Charles Steele, also wishes to maintain his position that of being an employee of the company, and agrees to settle without prejudice to his position.
"Robert Diab" "C. Steele" . Employer Employee
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.
3Having regard to the Minutes of Settlement, the Board hereby orders that the total of $1,867.78 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 September 15, 2000:
(i) paid to the Employer $ 798.00 paid to the Employee $ 900.00 to be retained by the $ 169.78 Government of Ontario 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.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
"John Morgan Lewis"
for the Board