David Martin v. Royal City Chrysler Dodge Jeep and Ministry of Labour
2596-00-ES David Martin, Applicant v. Royal City Chrysler Dodge Jeep and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61005289
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; April 12, 2001
Decision
This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c.E.14, as amended, (the "Act") of a refusal to issue an order.
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 of the Act.
The Minutes of Settlement provide:
E.P.B. File No. 61005289
O.L.R.B. File No. 2596-00-ES
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:
David Martin
‑ and ‑
Royal City Chrysler Dodge Jeep
‑ and ‑
Ministry of Labour
MINUTES OF SETTLEMENT
- David Martin has applied for a review of:
(x) the refusal to issue an order to pay
( ) the amount of Order to Pay No.
dated .
- David Martin and Royal City Chrysler Dodge Jeep agree that the following terms resolve all issues in dispute between them, arising from paragraph 1 above:
WHEREAS the parties wish to resolve the matter without litigation, this settlement is on A without prejudice basis, without any admission of liability or guilt by either party.
THEREFORE the Employer Royal City Chrysler will pay the Applicant David Martin the sum of $221.00. This represents .50 (fifty) cents on the dollar of the Net Compensation due, if Mr. Martin had remained an employee while the deliveries in question were delivered. Instead of submitting his resignation prior to their delivery.
See (attached) Schedule “A” for Formula supplied by employer
THESE MINUTES OF SETTLEMENT WILL BE COMPLETED UPON THE RECIEPT OF A CHEQUE FROM ROYAL CITY CHRYSLER TO DAVID MARTIN IN THE AMOUNT OF TWO HUNDRED & TWENTY ONE DOLLARS.
This represents full final settlement of all matters between the parties.
- 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.
Signed at Kitchener this 30 day of March, 2001.
“David Martin” . “illegible signature” .
APPLICANT RESPONDING PARTY
Section 69.1(2) of the Act 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) of the Act.
Pursuant to section 69.1(5) of the Act, this application is terminated.
“John Morgan Lewis”
for the Board