Homelife 5 Star Realty Ltd. v. Paula Faggiani and Ministry of Labour
2919-00-ES Homelife 5 Star Realty Ltd., Applicant v. Paula Faggiani and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34002976
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; July 27, 2001
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 Order to Pay No. 56726 issued by an Employment Standards Officer. The applicant (employer) and Paula Faggiani (the employee directly affected by the order to pay) entered into Minutes of Settlement dated July 26, 2001. Those Minutes of Settlement provide:
O.L.R.B. File No: 2919-00-ES
E.P.B. File No: 34002976
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:
HomeLife 5 Star Realty Ltd.
(the Employer)
- and -
Paula Faggiani
(the Employee)
- and -
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 56726 dated Nov. 20.2000. In order to resolve this matter, the Employer and Employee agree to request that the Ministry of Labour disburse the funds paid to the "Director in trust" as follows:
(i) to be paid to the Employer $ 89.00
to be paid to the Employee $ 700.00
to be retained by the Government of $ 100.00
Ontario Consolidated Revenue Fund
total amount held by the Director $ 889.00
(ii) interest earned on the moneys held in trust in this matter is to be paid to the above parties in proportion to the amounts paid out.
Employee is responsible for all taxes owing on these earnings (Employee portion)
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.
Receipt of these Minutes of Settlement by the Ministry of Labour constitutes a Direction to the Ministry to pay out the money in trust in accordance with the terms of this agreement.
Signed at Toronto this July day of 26, 2001 [sic]
"Frank Staltari" "Paula Faggiani" .
Employer Employee
n/a .
For the Ministry of Labour
(where applicable)
2The 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.
3Having regard to the Minutes of Settlement, the Board hereby orders that the total of $889.00 held in trust by the Director be disbursed as follows as soon as practicable after the expiry of the 10 working day period referred to above unless an objection is delivered to the Registrar on or before August 11, 2001:
(i) paid to the Employer $ 89.00
paid to the Employee $ 700.00
to be retained by the Government of $ 100.00
Ontario Consolidated Revenue Fund
(ii) interest earned on the moneys held in trust in this matter is to be paid to the above parties in proportion to the amounts paid out.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
"Marilyn Silverman"
for the Board