Ontario Labour Relations Board
2231-00-ES Kuldip Singh carrying on business as 1240809 Ontario Inc., Applicant v. Jagsir Brar and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011177
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; April 23, 2001
1By decision dated March 30, 2001 the Board confirmed a settlement between the parties to this application for review. That decision noted that the Ministry of Labour was not a signatory to the settlement and provided the Ministry with 10 working days to request that the matter be relisted for hearing.
2The Ministry has written to the Board by letter dated April 9, 2001 taking the position that the Board cannot refund the Administration Fee where there has been a settlement between the parties. Rather, the Ministry takes the position that an employer must apply to the Director of Employment Standards under section 69.1(6)(b) of the Employment Standards Act (the “ESA”).
3The Ministry of Labour is entirely correct in that position (see section 69.1(6)(b) of the ESA) and the decision dated March 30, 2001 was not intended to suggest otherwise.
4In issuing the decision dated March 30, 2001 I understood the settlement document as referring only to the amounts paid into trust in respect of wages and vacation pay. A review of the Order to Pay indicates that the gross amount of the assessment is $4,160.00. However there appears to be no indication in the file as to what amount represents wages and vacation pay in relation to an apparent payment into trust of $4,368.00. By this I mean that a 10 percent administration fee added to $4,160.00 does not equal $4,368.00. Therefore I am unable to determine with certainty what amount represents any administration fee and what amount represents wages and vacation pay assessed.
5In light of that uncertainty, I hereby refer this matter back to the Labour Relations Officer in order that he may ascertain the parties’ positions (including the Ministry of Labour’s position) as to the appropriate and respective dollar amounts and to attempt to resolve any remaining issue in this regard.
“M. A. Nairn”
for the Board