Ontario Labour Relations Board
3207-98-ES Conforti Holdings Ltd., Applicant v. Theresa (Perri) Crosbie, Bonnie Ranger and Ministry of Labour, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; January 4, 2000
- This 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. 52105 issued by an Employment Standards Officer. The applicant and entered into Minutes of Settlement dated December 10, 1999. Those Minutes of Settlement provide:
O.L.R.B. File No: 3207-98-ES
E.P.B. File No: 51-075386
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:
Conforti Holdings Limited.
(the Employer)
‑ and ‑
Theresa (Perri) Crosbie
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 52105 dated October 29, 1998. 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 Employee 2,000.00
Wage protection*
to be paid to the Employer 1,945.04
to be paid to the Employee 2,000.00
to be retained by the 594.50
Government of Ontario
Consolidated Revenue Fund
total amount held by the 6,539.54
Director
(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.
- Program
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 Toronto/Niagara Falls this 10th day of December, 1999.
“Doug Levitt” “Theresa Crosbie”
Employer Employee
Order to Pay No. 52105, the subject matter of the Minutes of Settlement reproduced above, included an order in the amount of $286.52 in favour of Bonnie Ranger. Although the instant appeal initially included Ms. Ranger, the employer subsequently advised the Board that it was not pursuing any appeal in respect of the officer’s order concerning Ms. Ranger. By decision dated October 28, 1999 the Board (differently constituted) advised that Ms. Ranger was entitled to be paid the amount found owing to her by the officer. Having regard to the payment to Ms. Ranger, and the fact that a total of $6,539.54 was paid in by the employer following the disbursement of funds as set out in the Minutes of Settlement, the amount retained in the Government of Ontario Consolidated Revenue Fund will be $307.98 and not $594.50 as indicated in the Minutes of Settlement.
The 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.
Having regard to the Minutes of Settlement, the Board hereby orders that the total of $6,539.54 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 January 14, 2000:
(i) paid to Employee Wage 2,000.00
Protection Program
paid to the Employer 1,945.04
paid to the Employee 2,000.00
to be retained by the 307.98
Government of Ontario
Consolidated Revenue Fund
(ii) the interest earned on the moneys held in trust in this matter is to be paid to the above parties in proportion to amounts paid out.
- Pursuant to section 69.1(5) of the Act, this application is terminated.
“D. L. Gee”
for the Board