0585-00-ES Fred Fitzgerald, Applicant v. Italpasta Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011052
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; September 8, 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. 0585-00-ES
E.P.B. File No. 40011052
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:
Fred Fitzgerald
- and -
Italpasta Ltd.
- and -
Ministry of Labour
MINUTES OF SETTLEMENT
- F. Fitzgerald has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- F. Fitzgerald and Italpasta Ltd. agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
Italpasta shall pay F. Fitzgerald the sum of $3500.00 payable by September 12, 2000, said sum is agreed to be "general damages". Said sum is in full & complete settlement of this matter and any other claim that has arisen or may arise from Mr. Fitzgerald's employment or the termination thereof.
This agreement is made without prejudice to the position of either party and payment is made without admission of liability on the part of the payor and such liability is expressly denied.
- 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 30th day of August, 2000.
"Fred Fitzgerald" . "Robert Ivancic" .
Fred Fitzgerald for Italpasta Ltd.
Robert Ivancic
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.
"John Morgan Lewis"
for the Board