Philip Tenenbaum v. Victor Cheaib et al.
0288-00-ES Philip Tenenbaum, a Director of Manhattan Bakery, 1235518 Ontario Inc., Applicant v. Victor Cheaib, Charles Sullivan, Wilfred Tsoi, Giokho Ong, Sumintra Ramnarine and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34001082
BEFORE: M. A. Nairn, Vice-Chair.
APPEARANCES: Jeffrey Gerstyl appeared on behalf of the applicant; all other claimants except S. Ramnarine appeared on their own behalf; Margo MacKinnon appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; October 20, 2000
1This is an application for review by a director of Order to Pay No. 48737 dated January 28, 1999 and inherently the findings of the Employment Standards Officer made in his report dated January 27, 1999.
2There is no dispute that Philip Tenenbaum was the sole director and owner of the entity 1235518 Ontario Inc., carrying on business as Manhattan Bakery. That business is no longer operating and the numbered company apparently has no assets.
3On the day scheduled for hearing I began hearing the evidence of the parties. During a break in that proceeding, Mr. Cheaib, one of the claimants, and Mr. Tenenbaum had certain discussions with respect to resolving Mr. Cheaib’s claim. The Ministry was also involved in those discussions. Upon reconvening I heard from those parties. It is agreed between Mr. Cheaib, the Ministry of Labour, and Mr. Tenenbaum, that Mr. Tenenbaum will pay to Mr. Cheaib the sum of three hundred and fifty dollars ($350.00) in full settlement of Mr. Cheaib’s claim. Said payment is to be delivered to Mr. Cheaib no later than October 27, 2000. Mr. Tenenbaum has the correct address for Mr. Cheaib. The Ministry expressed its agreement as well. That aspect of the application for review is therefore resolved.
4Over the lunch break the parties took the opportunity to engage in further discussions regarding settlement. As a result, Mr. Tsoi and Mr. Ong entered into a written agreement with the Ministry and Mr. Tenenbaum with respect to their claims. Those Minutes of Settlement have been filed with the Board. In the result those claims are also resolved.
5Two claims remained. I heard the evidence relating to Mr. Sullivan’s claim. A decision will issue in that respect in due course. The remaining matter concerned the claim of Ms. Ramnarine. She was not present at the hearing. We would not have been able to hear that evidence in any event, given the time. Both parties asked that it be put over in order that the Ministry might attempt to contact the claimant and/or determine what position it would take in respect of her claim.
6That remaining aspect of this matter is therefore adjourned. The hearing will reconvene on Wednesday, November 8, 2000 for the purpose of hearing the evidence and representations of the parties with respect to the application for review as it relates to Ms. Ramnarine’s claim. The hearing will be held in the “Board Room” 2nd floor, Ontario Labour Relations Board, 505 University Avenue, Toronto, Ontario, commencing at 9:30 a.m.
7This panel is seized.
“M. A. Nairn”
for the Board