2877-99-ES Pollutech Environmental Limited, Applicant v. Shirley Anne Smyth, Bernie Marcoux, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52005924
BEFORE: Harry Freedman Vice-Chair.
DECISION OF THE BOARD; May 17, 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 an Order to Pay dated November 4, 1999 issued by an Employment Standards Officer. The applicant (employer) and Pollutech Environmental Limited (the employee directly affected by the order to pay) entered into Minutes of Settlement dated May 9, 2000 filed. Those Minutes of Settlement provided for the distribution of the money held in trust by the director. The parties further agreed that this application be terminated pursuant to section 69.1(5) of the Act.
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, 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 that the total of $4,208.04 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 June 1, 2000:
(i) paid to the Employer $1,814.58
paid to the Employee $2,000.00
to be retained by the Government of Ontario $ 393.46
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.
“Harry Freedman”
for the Board