Ontario Labour Relations Board
Parties
0524-00-ES Celestino Vargas-Garcia, Yolanda Mino, Applicants v. Express Cleaning Services Inc., Nik's Janitorial Services Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32004735 and 32005382
BEFORE: Harry Freedman, Vice‑Chair.
DECISION OF THE BOARD; August 15, 2000
Decision
1Following the release of the Board’s decision dated August 9, 2000 in which the Board noted that the parties had entered into Minutes of Settlement with the assistance of a Labour Relations Officer disposing of all issues in dispute and had agreed that this application was terminated in accordance with subsection 69.1(5) of the Employment Standards Act, R.S.O. 1990, c.E‑14, as amended, (the "Act"), the Board was advised that the settlement entered into had not in fact disposed of all the issues in dispute. Although paragraphs 2 and 3 of the Form 1 Minutes of Settlement executed by the parties stated:
- The applicants and the respondents agree that the following terms resolve all issues in dispute between them arising from paragraph 1 above:
(b) See attached Minutes of Settlement
- 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.
and the written minutes of settlement attached stated that “The parties agree to the following as full and final settlement of the claims made in this application….”, the body of the written minutes of settlement in an apparent contradiction to what was stated elsewhere in the settlement document indicates that this application in relation to only Express Cleaning Services Inc. was resolved. The application in relation to Nik’s Janitorial Services Inc. remains outstanding. Therefore, the Board revokes its decision of August 9, 2000.
2This application is terminated only in relation to Express Cleaning Services Inc. in accordance with subsection 69.1(5) of the Act.
3The Board refers this matter to the Registrar to be listed for hearing to deal with the application in respect of Nik’s Janitorial Services Inc.
4This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board