/Adjudicator

minicounsel

Margaret Kvetan — Member

Member·Ontario Pay Equity Hearings Tribunal

Margaret Kvetan

Since 1995

147

cases · 16 yrs · OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Member· 142Membre· 1Employer Member· Employer member· 1membre· 1Member· 1Member· 1

Carleton Board of Education v. Ontario Secondary School Teachers' Federation, 1995 CanLII 7024

Tribunal issued a consent order assigning a Review Officer to assist parties with pay equity plans.

The parties reached an agreement regarding a process to resolve outstanding pay equity matters and requested the Tribunal to incorporate their agreement into an order.

The Tribunal ordered the withdrawal of two applications and the adjournment of a third.

Pursuant to section 25(2) of the Pay Equity Act, a Review Officer was assigned to assist the parties in concluding pay equity plans for the SETA and PSSP bargaining units.

The order detailed the job evaluation system to be used, the timeline for preparing and posting the plan, and the information the Review Officer must provide if required to carry out job comparisons or determine pay equity adjustments.

OPEHTOntario Pay Equity Hearings TribunalNov 7, 1995

Canadian Union of Public Employees, Local 883 v. Salvation Army Grace General Hospital, 1995 CanLII 7211

Employer ordered to conclude pay equity plan using agreed 1990 comparators before addressing subsequent workplace changes.

The Union applied to the Pay Equity Hearings Tribunal to enforce a Memorandum of Agreement requiring the Employer to conclude a Pay Equity Plan based on male comparators in existence as of January 1, 1990.

The Employer argued that new, more appropriate male comparators had come into existence after that date and should be incorporated before the plan was concluded.

The Tribunal ordered the Employer to conclude the plan using the January 1, 1990 comparators, noting that any subsequent changes in the workplace could be addressed through the maintenance obligation after the plan was posted.

OPEHTOntario Pay Equity Hearings TribunalJul 20, 1995

Sylvia Mahabir v. Kitchener-Waterloo Hospital, 1995 CanLII 7199

Application for adjournment sine die pending arbitration dismissed.

The applicant filed a complaint under the Pay Equity Act and subsequently sought arbitration under her collective agreement.

She applied to the Pay Equity Hearings Tribunal for an adjournment sine die of her complaint pending the arbitration.

The Tribunal dismissed the application for an adjournment and ordered the applicant to advise within 30 days whether she intends to withdraw the main application or proceed with the hearing.

OPEHTOntario Pay Equity Hearings TribunalJun 30, 1995

Corporation of the City of Brampton v. Brampton Firefighters Association, 1995 CanLII 7208

Tribunal denies employer's motion to amend pay equity application and dismisses remaining comparator issue.

The City of Brampton applied to settle a pay equity plan under s. 17(1) of the Pay Equity Act.

The City sought to amend its application to add issues regarding the documentation and replication of job ratings by the Review Officer.

The Association opposed the amendment and moved to dismiss the remaining issue regarding appropriate male comparators.

The Tribunal declined to allow the amendment, finding it would undermine the efficiency of the proceedings and that the City misconceived the role of the Review Officer and the Tribunal.

The Tribunal also dismissed the remaining issue, finding that all appropriate male comparators had been considered.

The proceeding was terminated.

OPEHTOntario Pay Equity Hearings TribunalMay 25, 1995

Group of Employees v. Ontario Public Service Employees Union, 1995 CanLII 7265

Tribunal directs that evidence be heard before deciding if employees can challenge a deemed approved pay equity plan.

In a reconsideration hearing before the Pay Equity Hearings Tribunal, the applicant employees argued the matter should be decided on legal argument alone regarding their standing to challenge a deemed approved pay equity plan under s. 22(1) of the Pay Equity Act.

The respondent union and employer argued the complex legal issues should be considered in the context of evidence.

The Tribunal ruled that while a member of a bargaining unit can complain under s. 22(1), the more complex issue of challenging a deemed approved plan is better analyzed in an evidentiary context.

The Tribunal directed that evidence on the merits be heard prior to considering the legal arguments.

OPEHTOntario Pay Equity Hearings TribunalMay 24, 1995

Carleton Board of Education v. Ontario Secondary School Teachers' Federation, 1995 CanLII 7031

Employer ordered to negotiate pay equity plan with newly certified union after invalid unilateral posting.

The employer posted a pay equity plan that purported to cover employees in two newly certified bargaining units without negotiating with the union.

The union argued the posting was invalid because it occurred after certification, triggering the employer's obligation to negotiate.

The employer contended the plan was posted prior to certification.

The Tribunal found that the plan was not properly posted in a location accessible to all employees until after the union was certified.

Consequently, the employer violated the Pay Equity Act by unilaterally posting the plan and was ordered to negotiate a gender-neutral comparison system and pay equity plan with the union.

OPEHTOntario Pay Equity Hearings TribunalApr 21, 1995

Barb Pottelberg and Judy Book v. The Corporation of the Township of Warwick, 1995 CanLII 7210

Joint request for adjournment sine die granted on consent.

The parties jointly requested an adjournment of the proceedings sine die.

The Pay Equity Hearings Tribunal granted the request on consent, noting that the matters would be terminated one year after the date of the decision unless brought on for hearing before the expiry of that period.

OPEHTOntario Pay Equity Hearings TribunalMar 21, 1995

Page 8 of 8 (147 cases)

appearing for Canadian Union of Public Employees, Local 3393

Ivan BurbanoUnion representative
1 appearance
Judy SnivelyUnion representative
1 appearance
Matthew GravesUnion representative
1 appearance
Steve LillicoUnion representative
1 appearance

appearing for St. Christopher House

Maureen FairAgent
1 appearance
Simone CusenzaAgent
1 appearance

appearing on her own behalf

Phung Kim QuachSelf-represented
1 appearance

for a Group of Anonymous Employees

David DeluzioAgent
1 appearance

for Call-A-Service Inc./Harmony Hall Centre for Seniors

Casey M. PicardCounsel
2 appearances
David LiebermanAgent
1 appearance

for Call-A-Service Inc./Harmony Hall Centre for Seniors and David Lieberman

A. WallCounsel
1 appearance

for Canadian Union of Public Employees

Nancy RosenbergCounsel
1 appearance

for Communications, Energy and Paperworkers Union Local 517-G

John HolmesUnion representative
1 appearance
Michael KlugCounsel
1 appearance

for Crown in Right of Ontario (Management Board Secretariat)

David CostenCounsel
3 appearances
Pat WernerCounsel
2 appearances
Marie O'DonellCounsel
1 appearance

for C.U. P. E.

Nancy RosenbergCounsel
1 appearance

for Ford Motor Company of Canada

Julie A. O’DonnellCounsel
1 appearance

for Group of Employees

Leslie DizgunCounsel
3 appearances
Susan DunbarCounsel
3 appearances
Rita SchreiberCounsel
2 appearances

for Hamilton Civic Hospitals

Robert SalisburyCounsel
1 appearance

for Hamilton-Wentworth District School Board

John HorganCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Paul BaldwinCounsel
1 appearance

for herself and the Respondent, Group of Employees

Mary O’ConnellSelf-represented
2 appearances

for himself

Milan PodhorskySelf-represented
1 appearance

for Milan Podhorsky

Denise PodhorskyAgent
1 appearance

for Ontario Northland Employees Independent Union

Brian StevensUnion representative
1 appearance
Debbie GrahamUnion representative
1 appearance
John LangUnion representative
1 appearance

for Ontario Public Service Employees Union

Elizabeth ShiltonCounsel
3 appearances
Janet WrightCounsel
3 appearances
Harriet SimandCounsel
2 appearances

for Ontario Secondary School Teachers' Federation

Jennifer PalmerCounsel
1 appearance
Chris DiZazzoCounsel
1 appearance
Cindy WilkeyCounsel
1 appearance
Eileen KonkinCounsel
1 appearance
Barb CartierCounsel
1 appearance

for the applicant

Mary CornishCounsel
2 appearances
Janet BorowyCounsel
1 appearance
Jan FilmanUnion representative
1 appearance
Joanne WilsonUnion representative
1 appearance
Katherine BarretteUnion representative
1 appearance
Lauri A. WallAgent
1 appearance
Lee DautsisUnion representative
1 appearance
Leslie LerouxCounsel
1 appearance
Lori DavisUnion representative
1 appearance
Lorraine BoakeUnion representative
1 appearance
Lynn HudsonSelf-represented
1 appearance
Paula DunnAgent
1 appearance
Pierina DeBellisUnion representative
1 appearance
Sharyn BriscoeUnion representative
1 appearance
Steve KenneyUnion representative
1 appearance
Steve LillicoUnion representative
1 appearance
Wallace EastonAgent
1 appearance
Gail PolskeyAgent
1 appearance
Cathy LoystUnion representative
1 appearance
Aladine HannaAgent
1 appearance

for the Applicant

Brandi AntoniakSelf-represented
2 appearances
Steven NelsonSelf-represented
1 appearance
Tammy FedorukSelf-represented
1 appearance
Walter SquazzinAgent
1 appearance
Worrick RussellAgent
1 appearance
Angela CutulleAgent
1 appearance
Angela RaeCounsel
1 appearance
Ann McNeilSelf-represented
1 appearance
Brett ChristenCounsel
1 appearance
Carol GelowskyUnion representative
1 appearance
Carrie GallantCounsel
1 appearance
David DeluzioCounsel
1 appearance
Deb WielingaUnion representative
1 appearance
Donna SpasicCounsel
1 appearance
Donna SpasicAgent
1 appearance
Evelyn MacDonaldAgent
1 appearance
Greg StuartCounsel
1 appearance
Hazeline WilsonUnion representative
1 appearance
Julie O’DonnellCounsel
1 appearance
Keith HempelAgent
1 appearance

for the applicant and on their own behalf

Gary LafoyAgent
1 appearance
Marie AlsopAgent
1 appearance

for the Applicant Canadian Union of Public Employees, Local 3009

Cathy LaceCounsel
1 appearance

for the Applicant Caressant Care

Daina GroskaufmanisCounsel
1 appearance

for the Applicant, Pay Equity Office

Carrie GallantCounsel
1 appearance

for the Applicants

Michelle SherwoodCounsel
1 appearance
Ron ChyczijCounsel
1 appearance

for the Applicants Chelsey Park, Helen Henderson and Kensington Village

Malcolm WinterCounsel
1 appearance
Michael AllenCounsel
1 appearance

for the Brampton Professional Firefighters Association

Mary CornishCounsel
1 appearance

for the Carleton Board of Education

Vince JohnstonCounsel
1 appearance

for The Carleton Board of Education

Jack YeoCounsel
1 appearance
Janice McCoyCounsel
1 appearance
Peigi RossCounsel
1 appearance
Vince JohnstonCounsel
1 appearance

for the CAW Canada

Anthony F. DaleCounsel
1 appearance
Chris OuelletteUnion representative
1 appearance

for the Corporation of the City of Brampton

Paul WearingCounsel
1 appearance

for the Corporation of the City of Peterborough

John HartCounsel
1 appearance

for The Corporation of the County of Hastings

Kees W. KortCounsel
1 appearance

for the Corporation of the Township of Alfred and Plantagenet

Michael HouleCounsel
1 appearance

for the Group of Anonymous Non-Union Employees

David DeluzioAgent
1 appearance

for the Group of Employees

Beth SmithAgent
1 appearance
Sue MedvedAgent
1 appearance

for the Groups of Anonymous Employees

Kamal HaffarAgent
1 appearance
Patricia FitzpatrickAgent
1 appearance

for the Groups of Employees

Mandy WarnerAgent
1 appearance

for The Law Society of Upper Canada

Dolores BarbiniCounsel
1 appearance

for the Ontario Secondary School Teachers’ Federation

Cindy WilkeyCounsel
1 appearance
Susan ColemanCounsel
1 appearance
Susan HamCounsel
1 appearance
Susan UrselCounsel
1 appearance

for the Pay Equity Office

Carrie GallantCounsel
2 appearances
Ann PeersCounsel
1 appearance
Senka DukovichCounsel
1 appearance

for the Professional Fire Fighters Association

Paul BrownUnion representative
1 appearance

for the respondent

Don PazaratzAgent
1 appearance
John HarrisCounsel
1 appearance
Sharon KellyAgent
1 appearance
Carolyn KayCounsel
1 appearance
David GoreAgent
1 appearance
Marilee MarcotteCounsel
1 appearance

for the Respondent

Niculae AmaricaCounsel
2 appearances
Catherine BickleyCounsel
2 appearances
Peigi RossCounsel
1 appearance
Brad BoyceAgent
1 appearance
Brian AllenAgent
1 appearance
Carole PietteCounsel
1 appearance
Dave EvansAgent
1 appearance
Liane BrossardCounsel
1 appearance
Mike CruseAgent
1 appearance
Mr. DeluzioCounsel
1 appearance
Ruth RuddyAgent
1 appearance
Susan UrselCounsel
1 appearance
Vincent JohnstonCounsel
1 appearance

for the Respondent, Canadian Union of Public Employees

Brian SheehanCounsel
1 appearance
Carmen HenryAgent
1 appearance

for the Respondent, GL&V Process Equipment Group Inc.

Carolyn Kay-AggioCounsel
1 appearance
Mark TessierCounsel
1 appearance

for the Respondent Hospital

Peter ChauvinCounsel
1 appearance

for the Respondent Hull-Thomson Inc.

James H. CookeCounsel
1 appearance

for the Respondent New Village Retirement Home/Pine Villa Nursing Home Inc.

Mark J. ZegaCounsel
1 appearance

for the Respondents

Bev RosserCounsel
1 appearance
Colleen MontgomeryCounsel
1 appearance
Doreen LurieSelf-represented
1 appearance
Kadi NabeSelf-represented
1 appearance
Linda HickeyAgent
1 appearance
Lora MonacoSelf-represented
1 appearance
Mandy WarnerSelf-represented
1 appearance
Wendy LobekSelf-represented
1 appearance

for the Respondents Service Employees’ International Union, Local 183 and London and District Service Workers’ Union, Local 220

Michelle SherwoodCounsel
1 appearance
Sharon Ffolkes AbrahamsCounsel
1 appearance

for the Respondent Union

Harriet SimandCounsel
1 appearance

for the Respondent, Villa Colombo Homes for the Aged, Inc.

Angela RaeCounsel
1 appearance
Terry McBurneyAgent
1 appearance
Vince LucaAgent
1 appearance

for the responding party group of employees

Self-representedSelf-represented
1 appearance

for The Windsor Star

Carolyn KayCounsel
1 appearance
Louise VeresAgent
1 appearance

for Windsor Casino Limited

Carolyn KayCounsel
1 appearance
Ken DiFedericoCounsel
1 appearance

on behalf of Management Board Secretariat and the Ministry of the Attorney General

Aura AndradaCounsel
1 appearance
Melissa NixonCounsel
1 appearance

on her own behalf

Benita LarsenSelf-represented
1 appearance
Cheryll TuckerSelf-represented
1 appearance
Kidakarn ApaiwongseSelf-represented
1 appearance

147

Decisions

Years active

Tribunals

1995–2010

Active range

OPEHT147(100%)

Decision types

motion

112

appeal

trial

Page 8 of 8 (147 cases)