2902-00-ES Virgo Electric Ltd., Applicant v. Martha Glavanov, Ralph Gawlina, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41009439
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; June 6, 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. 2000-2 issued by an Employment Standards Officer. The applicant (employer) and Martha Glavanov (the employee directly affected by the order to pay) and the Ministry of Labour entered into Minutes of Settlement dated May 23, 2001. Those Minutes of Settlement provide:
O.L.R.B. File No: 2902-00-ES
E.P.B. File No: 41-009439
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:
Virgo Electric Ltd.
(the Employer)
‑ and ‑
Martha Glavanov
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 2000-2 dated December 1, 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 $10,572.42
to be paid to the Employee $10,000.00
to be retained by the Government $ 1,000.00
of Ontario Consolidated Revenue Fund
total amount held by the Director $21,572.42
(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.
(iii) See Schedule “A”, attached (in original)
(iv) See Schedule “B”, attached. (in original)
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 23rd day of May 2001.
"Illegible Signature" "Martha Glavanov"
Employer Employee
Virgo Electric Ltd.
“Mark Alchuk”
For the Ministry of Labour
DISPOSITION
2Having regard to the Minutes of Settlement, the Board hereby orders that the total of $21,572.42 held in trust by the Director be disbursed as follows as soon as practicable:
(i) paid to the Employer $10,572.42
paid to the Employee $10,000.00
to be retained by the Government of $ 1,000.00
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.
3Pursuant to section 69.1(5) of the Act, this application is terminated.
“Anthony Brown”
for the Board