3821-00-ES Chemong Lodge Tavern Limited, Applicant v. Jason Franklin, Donna Lee Young, Karen Drew, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File Nos. 21104309 & 21104321
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; June 1, 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. 59487 issued by an Employment Standards Officer. The applicant (employer) and Jason Franklin and Donna Lee Young (the employees directly affected by the order to pay) entered into Minutes of Settlement dated May 29, 2001. A condition of those Minutes of Settlement is that the parties will keep the terms of settlement confidential.
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 $1,446.12 held in trust by the Director be disbursed in accordance with the Minutes of Settlement.
4Pursuant to section 69.1(5) of the Act, this application is terminated.
"Harry Freedman"
for the Board