3636-99-ES Mike Wagner, Applicant v. Miller Paving, Bernie Quesnell, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 11000436
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; May 17, 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: 3636-99-ES
E.P.B. File No: 11000436
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:
Mike Wagner
‑ and ‑
Miller Paving
‑ and ‑
The Ministry of Labour
Minutes of Settlement
Mike Wagner has applied for a review of:
(X) the refusal to issue an order to pay
( ) the amount or Order to Pay No.
dated .
Mike Wagner and Miller Paving agree that the following terms resolve all issues in dispute between them arising from paragraph 1 above:
Miller Paving shall pay to Mike Wagner the sum of $1,000.00 and a positive letter of reference (and apology) on or before May 22, 2000.
This is on a without prejudice without precedent basis and no admission of liability.
Mike Wagner forever releases Miller Paving and its subsidiaries for any past, present and future claims.
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 North Bay this 8th day of May 2000.
"D. Blasiak" "Mike Wagner"
Employer Employee
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.
"Harry Freedman"
for the Board