1940-00-ES James B. Payne, Applicant v. Diversey Lever and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 63001728
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; June 22, 2001
1This is an application pursuant to section 68 of the Employment Standards Act. The parties have entered into Minutes of Settlement dated June 18, 2001. Their Minutes of Settlement read as follows:
Ontario Labour Relations Board
Board File 1940-00-ES
EPB #63001728
James B. Payne
Applicant
and
Diversey Lever Canada Inc.
Responding Party
and
Ontario Ministry of Labour
Responding Party
MINUTES OF SETTLEMENT
Having regards to the Ontario Labour Relations Board decision dated May 16, 2001, paragraph 28, the parties agree the amount of termination pay, under section 57(14) of the Act, owing to Mr. Payne is $3,138.00. The amount of vacation pay owing to Mr. Payne under sections 28, 29, 30 of the Act is $125.52. The amount of severance pay owing to Mr. Payne is $3,608.70 under sec. 58(2) of the Act.
Therefore the total amount owing to Mr. Payne is $6,872.22.
Diversey Lever shall pay Mr. Payne $6,872.22 less statutory deductions by cheque, such cheque to be given to a courier company by Monday, June 25, 2001, to be delivered to Mr. Payne’s home address.
Although the OLRB decision of May 16, 2001 did not address the issue of severance pay, the parties agree severance pay was a part of Mr. Payne’s appeal and is owing to Mr. Payne.
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.
Dated at London this 18th day of June 2001.
(“Jamie Payne”) 06/18/01
James B. Payne
(“Connie Palmer”) June 18, 2001
For Diversey Lever
(“J. Wilkins”) J. Wilkins June 18/01
For Ontario Ministry of Labour
DISPOSITION
2Having regard to the Minutes of Settlement, Diversey Lever shall pay to Mr. Payne the sum of $6,872.22 in the manner set out in the Minutes of Settlement. The matter is terminated.
“Christopher J. Albertyn”
for the Board