Doug Miller v. Miller Paving, 2000 CanLII 7859

3634-99-ES Doug Miller, 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

1. 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.

2. 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.

3. The Minutes of Settlement provide:

O.L.R.B. File No: 3634-99-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:

Doug Miller

‑ and ‑

Miller Paving

‑ and ‑

The Ministry of Labour

Minutes of Settlement

1. Doug Miller has applied for a review of:

(X) the refusal to issue an order to pay

( ) the amount or Order to Pay No.

dated .

2. Doug Miller and Miller Paving agree that the following terms resolve all issues in dispute between them arising from paragraph 1 above:

3. Miller Paving shall pay to Doug Miller the sum of $2,000.00 on or before May 22, 2000.

4. Miller Paving shall supply a positive letter of reference to Doug Miller and apology on or before May 22, 2000.

5. This is on a without prejudice without precedent basis and no admission of liability.

6. Doug Miller forever releases Miller Paving and its subsidiaries for any past, present or future claims.

7. 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" "Doug Miller"

Employer Employee

4. 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.

“Harry Freedman”

for the Board