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Sylvia Schroh v. Gestion Alibec Inc. and Ministry of Labour
**Employment Practices Branch File No. 13003379**
**Before:** Caroline Rowan, Vice-Chair.
**Decision of the Board;** November 14, 2001
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​[1]​ This is an application for review under [section 68](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec68_smooth) of the [Employment Standards Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html), R.S.O. 1990, c.E.14, as amended, (the "Act") of a refusal to issue an order.
​[2]​ The employer and employee affected by this application entered into Minutes of Settlement with the assistance of a Labour Relations Officer pursuant to [section 69.1](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec69.1_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html).
​[3]​ The Minutes of Settlement provide:
O.L.R.B. File No. 1158-01-ES
E.P.B. File No. 13003379
In the matter of an application for review under [section 68](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec68_smooth) of the [Employment Standards Act R.S.O. 1990 c.E.14](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) as amended
Between:
Sylvia Schroh
- and -
Gestion Alibec Inc.
- and -
Ministry of Labour
MINUTES OF SETTLEMENT
1. Sylvia Schroh has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
2. Sylvia Schroh and Gestion Alibec Inc. agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
- Gestion Alibec Inc. will pay the sum of $2,000.00 less deductions required by law (10% on special payment) by cheque to be mailed to her home address on or before November 20, 2001.
- This payment is made without admission of liability, which is denied, and solely in the interest of avoiding the cost of litigation.
- Gestion Alibec Inc. will provide Sylvia Schroh with an employment letter in the form attached as Appendix A, typed on company letterhead and signed by Juergen Franke, to be mailed to her by November 15, 2001.
- Sylvia Schroh will advise the Human Rights Commission that she has settled all claims with Gestion Alibec Inc., in the form attached as Appendix B.
3. As this settlement disposes of all issues in dispute, the parties agree that this application is terminated in accordance with [subsection 69.1(5)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec69.1subsec5_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html).
- Sylvia Schroh releases Gestion Alibec Inc., its owners, officers and employees from any and all claims whatsoever, including but not limited to Employment Standards and Human Rights, arising from her employment at 4 sites and her termination of employment at Goldcorp Red Lake
Signed at Red Lake, Ontario November 6, 2001.
"Sylvia Schroh" . "Juergen Franke" .
Sylvia Schroh for Gestion Alibec Inc.
​[4]​ [Section 69.1(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec69.1subsec2_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html) provides that the settlement is binding on the parties who entered into it. Should a party bound by the settlement fail to comply with it, a remedy is available under [section 69.1(8)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec69.1subsec8_smooth) of the Act.
​[5]​ Pursuant to [section 69.1(5)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html#sec69.1subsec5_smooth) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e14/latest/rso-1990-c-e14.html), this application is terminated.
"Caroline Rowan"
for the Board
minicounsel