Ontario Labour Relations Board
0264-00-ES Philippe Hudon, Applicant v. The Fireplace Centre and Patio Shop and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 20034474
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; August 29, 2000
This 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.
The 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.
The Minutes of Settlement provide:
O.L.R.B. File No. 0264-00-ES
E.P.B. File No. 20034474
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:
Philippe Hudon
‑ and ‑
The Fireplace Centre and Patio Shop
“Employer”
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- Philippe Hudon has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
Philippe Hudon and The Fireplace Centre and Patio Shop agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
This is on a without prejudice, without precedent basis.
The Employer maintains its position regarding the policy of commission payments to its employees.
Notwithstanding the above, in order to resolve this matter, the Employer shall pay Philippe Hudon the sum of Three hundred dollars ($300.00) on or before Aug 31, 2000.
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 Ottawa this 22nd day of August, 2000.
“Philippe Hudon” . “Stephen C. Cotnam” .
Philippe Hudon Stephen C. Cotnam, President
Section 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.
Pursuant to section 69.1(5) of the Act, this application is terminated.
“John Morgan Lewis”
for the Board

