3234-00-ES Zengjia Wang, Applicant v. Sa Sha Wear Inc., and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33002048
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; July 9, 2001
1This is an application for a review of a decision of an employment standards officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 ("the Act"). The matter was settled by way of an agreement entered into on June 19, 2001. The applicant alleges that the responding party has failed to honour the terms of the settlement; specifically, the cheque it issued has not been honoured by the bank.
2Sections 69.1 (2), (4), (5) (7) and (8) provide:
69.1 (1) The Board may authorize a labour relations officer to attempt to effect a settlement of the matters raised by an application for review under section 68 or a reference to the Board of an employment standards officer’s report under section 69.
(2) Despite section 3, if the labour relations officer effects a settlement between persons, the settlement is binding on those persons.
(4) If, in relation to an application for review of an order, the labour relations officer effects a settlement between a person against whom the order was made and a person who would have benefited from the order, the order is of no effect with respect to the person who would have benefited from it if the person against whom the order was made complies with the settlement.
(5) If a settlement disposes of all the issues in a review under section 68 or an inquiry under section 69, the review or inquiry is terminated.
(7) Subsection (8) applies if, on the application of a party to a settlement, the Board finds that,
(a) a person who is bound by the settlement fails to comply with it: or
(b) a person who entered into the settlement establishes that the person did so as a result of fraud or coercion.
(8) In the circumstances described in subsection (7),
(a) subsections (2) and (4) cease to apply; and
(b) the Board shall order that any review or inquiry that was terminated under subsection (5) or that proceeded but did not deal with the issues disposed of in the settlement be re-commenced, with respect to the issues disposed of in the settlement, at the stage the review or inquiry was at when the settlement was effected.
3If the responding party has not complied with the settlement, a hearing will be scheduled to determine the application as if no settlement has been made. The Board directs the responding party to respond to the allegations made in the letter from the applicant, a copy of which is attached to this decision, in writing, no later than Friday, July 13, 2001 at 10:00 a.m. If it alleges that the monies have been paid, proof of this payment should accompany any such submissions.
"David A. McKee"
for the Board