0242-99-ES Ellen Helden and Louis Desmarais Directors of Future Health Inc., Applicant v. Bryan Cleveland, Jessica Gainham, Kimberley Giavedoni, Kristen Gleason, Crystal Poyton, Shelley Wettlaufer and Cynthia Moran and Ministry of Labour, Responding Parties.
Employment Practices Branch File Nos. 50-007806 and 50-008103
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; August 9, 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 two Orders to Pay, No. D04371 (Ellen Helden) and No. D04372 (Louis Desmarais) issued by an Employment Standards Officer. The Board, by decision dated September 13, 1999 dismissed the application in so far as it related to Ellen Helden (Order to Pay No. D04371). The parties in the application made by Louis Desmarias entered into Minutes of Settlement variously dated. Those Minutes of Settlement provide:
O.L.R.B. File No: 0242-99-ES
E.P.B. File No: 50-007806 and 50-008103
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:
Louis Desmariais
Director
- and -
Cleveland Bryant
Jessica Gainham
Kimberly Giavedoni
Kristen Gleason
Crystal Poyton
Shelly Wettlafer
Cynthia Moran
Employees
- and -
The Ministry of Labour
Minutes of Settlement
The Director has applied for review of order to pay No. D04372 dated April 6, 1999. In order to resolve this matter, the parties agree as follows:
- Louis Desmarais will pay a total of $2,500.00 by cheque payable to the “Director of Employment Standards in Trust” forwarded to Peter D’Ambrosio, Financial Administration Officer, Ministry of Labour, 400 University Avenue, Toronto, M7A 1T7 within 2 weeks of being advised that all of the employees have accepted the terms of the settlement Once the cheque has cleared the bank, the Director of Employment Standards will distribute the monies on a pro rata basis as follows:
Cleveland Bryant $ 548.43
Jessica Gainham $ 354.41
Kimberly Giavedoni $ 407.36
Kristen Gleason $ 160.55
Crystal Poyton $ 497.92
Shelley Wettlaufer $ 411.55
Cynthia Moran $ 119.78*
Total $2,500.00
- Cynthia Moran agrees that $119.78 will be retained by the Director of Employment Standards, as partial reimbursement of monies paid to her from The Employee Wage Protection Plan.
The Director of Employment Standards will return Louis Desmarais’ irrevocable Letter of credit to him, once the cheque noted above has cleared the bank.
The Ministry of Labour confirms that order to pay no. D04371 issued to Ellen Helden has been sent to “Collections” and that efforts are continuing to collect the outstanding balance of money owed to the employees from Mrs. Helden.
As this settlement disposes of all issues in dispute, with respect to order to pay no. D04372, the parties agree that this application is terminated in accordance with subsection 69.1(5) of the Act.
Nothing in the settlement extinguishes any other rights of the employees under the Employment Standards Act regarding outstanding orders to pay against Future Health Inc. operating as Trauma Services and Ellen Helden.
These Minutes of Settlement may be executed in any number of counterparts, with the same effect as if all parties had signed the same document. All counterparts, including facsimile signatures, shall be construed together and shall constitute one and the same agreement.
2As 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.
3The 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.
DISPOSITION
4Having regard to the Minutes of Settlement, the Board hereby orders that the total of $2,500.00 that will be held in trust by the Director under the Act be disbursed as follows as soon as practicable after the cheque from Louis Desmarais is delivered to the Director under the Act:
Cleveland Bryant $ 548.43
Jessica Gainham $ 354.41
Kimberly Giavedoni $ 407.36
Kristen Gleason $ 160.55
Crystal Poyton $ 497.92
Shelley Wettlaufe $ 411.55
The amount of $119.78 for Cynthia Moran will be retained by the Director under the Act, as partial reimbursement of monies paid to her from The Employee Wage Protection Plan.
The Board also orders the Director under the Act to return to Louis Desmarais the irrevocable Letter of credit he provided to the Director under the Act, once the cheque from Mr. Desmarais has cleared the bank.
5Pursuant to section 69.1(5) of the Act, this application is terminated.
“Harry Freedman”
for the Board