0621-01-ES Empco (Canada) Ltd., Applicant v. Earl Guevara, Bozena O. Balut, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33002240
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; August 30, 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. 60904 issued by an Employment Standards Officer. The applicant (employer) and Earl Guevara (the employee directly affected by the order to pay) entered into Minutes of Settlement dated August 15, 2001. Those Minutes of Settlement provide:
O.L.R.B. File No: 0621-01-ES
E.P.B. File No: 33002240
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:
Empco (Canada) Ltd.
(the Employer)
‑ and ‑
Earl Guevara
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 60904 dated 5/4/01. 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 $2,752.46
to be paid to the Employee $2,752.46
to be retained by the Government $ 550.49
of Ontario Consolidated Revenue Fund
total amount held by the Director $6,055.41
(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.
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 Oshawa this 15th day of August, 2001.
"Robert Wünsche" "Earl Guevara"
Employer Employee
N/A
For the Ministry of Labour
(where applicable)
2The Ministry of Labour, although a party to these proceedings, is not a signatory to this settlement. Should the Ministry of Labour have any objection to the settlement or to the Board making an order directing the Ministry of Labour to disburse the funds in accordance with the Minutes of Settlement set out above, it must deliver its written objection to the Registrar of the Board within 10 working days of the date of this decision. Should no written objection be delivered on or before that date, the Board deems the Ministry of Labour on its own behalf and on behalf of the Employment Standards Officer who issued the order to pay to have consented to the aforesaid Minutes of Settlement.
DISPOSITION
3Having regard to the Minutes of Settlement, the Board hereby orders that the total of $6,055.41 held in trust by the Director be disbursed as follows as soon as practicable after the expiry of the 10 working day period referred to above unless an objection is delivered to the Registrar on or before September 17, 2001:
(i) paid to the Employer $2,752.46
paid to the Employee $2,752.46
to be retained by the Government of $ 550.49
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.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
“Harry Freedman”
for the Board