Belanger Ford Lincoln Centre Limited v. Guy G. Morin and Jacques E. Messier and Ministry of Labour
2140-00-ES Belanger Ford Lincoln Centre Limited, Applicant v. Guy G. Morin and Jacques E. Messier and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 10004079
BEFORE: Caroline Rowan, Vice-Chair.
APPEARANCES: Leah Clarke, France Bélanger-Houle, Robert Giroux and Guy Beaulieu for the Belanger Ford Lincoln Centre Limited; Jacques Messier on his own behalf and Darcy Watson for the Ministry of Labour.
DECISION OF THE BOARD; June 13, 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. 56477 issued by an Employment Standards Officer.
2By decision dated January 16, 2001, the Board (differently constituted) recorded the agreement of the applicant (employer) and Guy G. Morin one of the two employees directly affected by the Order to Pay dated December 18, 2000. In its decision, the Board further directed that the Director disburse the sum of $10,000 to the employer following the expiry of the ten (10) day objection period. Having regard to the Minutes of Settlement dated December 18, 2000, the Board further noted that pursuant to section 69.1(5) of the Act, this application with respect to the claim of Guy G. Morin is terminated.
3A hearing in this matter was scheduled on June 6, 2001 to determine the claim of Jacques E. Messier. Following the commencement of the hearing, the applicant (employer) and Mr. Messier entered into Minutes of Settlement dated June 6, 2001 resolving Mr. Messier’s claim. They agreed that the contents of that settlement would remain confidential.
4Having regarding to the agreement between Mr. Messier and the applicant (employer), the Ministry and the applicant (employer) also entered into separate Minutes of Settlement dated June 6, 2001. Those Minutes of Settlement provide as follows:
In this matter:
Belanger Ford Lincoln Centre Limited
Applicant
-and-
Jacques Messier
-and-
Guy Morin: in respect of the outstanding
issue of the administrative fee.
The matter as it pertains to Mr. Messier’s claim is hereby settled in accordance with the minutes of settlement dated 6 June, 2001.
The matter as it pertains to the administrative fee, $840.00 (eight hundred forty dollars) will be retained by the Ministry.
In respect to the above, as all outstanding matters have been settled, the balance of the money (held in trust in respect to the above-noted matter will be returned forthwith to the Employer, Belanger Ford Lincoln inclusive of $1160.00 (one thousand one hundred and sixty dollar) to be remitted to the Employer.
Signed this 6th day of June, 2001.
(“Darcy C. Watson”)
For the Ministry
For the Employer: (“France Bélanger-Houle”)
5Having regard to the Minutes of Settlement, the Board hereby orders that the Director disburse the sum of $11,160.00 plus interest thereon to the employer The balance of the administrative fee of $840.00 plus interest thereon shall be retained by the Government of Ontario Consolidated Revenue Fund.
6Pursuant to section 69.1(5) of the Act, this application is terminated.
“Caroline Rowan”
for the Board