Bruce G. Cole v. Judith Sisson et al
0844-01-ES Bruce G. Cole, Applicant v. Judith Sisson et al, Cheryl Armstrong, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 42003630
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; September 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. 58847 issued by an Employment Standards Officer. The Order to Pay relates to Judith Sisson, Rena Kimber and Debbie Dunn. The applicant (employer) and Debbie Dunn (one of the employees directly affected by the Order to Pay) entered into Minutes of Settlement signed by Debbie Dunn on August 27, 2001 and signed on August 22, 2001 by Bruce G. Cole. Those Minutes of Settlement provide:
O.L.R.B. File No: 0844-01-ES
E.P.B. File No: 42003630
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:
Bruce George Cole operating as Irene’s Homestyle Cooking
(the Employer)
‑ and ‑
Debbie Dunn
(the Employee)
‑ and ‑
The Ministry of Labour
Minutes of Settlement
The employer has applied for review of Order to Pay No. 58847 dated May 1, 2001. 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 $ 339.25
to be paid to the Employee $ 277.57
to be retained by the Government $ 366.22
of Ontario Consolidated Revenue Fund
total amount held by the Director $4,028.45
(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.
The Employer and the Employee acknowledge that the allocations of the remaining amounts held by the Director are to be determined by a hearing to be held by the Ontario Labour Relations Board between the Employer and employees Judith Sisson and Rena Kimber.
As this settlement disposes of all issues in dispute as between the employer and Debbie Dunn, the parties agree that this application as it relates to Debbie Dunn is terminated in accordance with subsection 69.1(5) of the Act. The application as it relates to Judith Sisson and Rena Kimber will proceed in the usual manner.
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 between the employer and Debbie Dunn.
Signed at Toronto, Ontario this 22nd day of August, 2001.
"Bruce G. Cole" .
Employer Employee Debbie Dunn
For the Ministry of Labour
(where applicable)
Signed at Barrie, Ontario this 27th day of August, 2001.
"Debbie Dunn"
Employer Employee
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 between the Employer and Debbie Dunn 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 out of the total of $4,028.45 held in trust by the Director the following amounts 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 27, 2001:
(i) paid to the Employer $339.25
paid to the Employee $277.57
to be retained by the Government of $366.22
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 as it relates to Debbie Dunn is terminated.
5This matter is referred to the Registrar to be scheduled for hearing with respect to the Order to Pay as it relates to Judith Sisson and Rena Kimber.
“Inge M. Stamp”
for the Board