Mary Anne McKellar

The Pay Equity Office sought to intervene in an application under the Pay Equity Act regarding a 2013 Notice of Decision.

The Tribunal granted leave to intervene on consent.

The Office and the responding School Board sought to dismiss the application on a preliminary basis.

The Tribunal directed that the preliminary motion be decided on written submissions and set a schedule for the applicant to respond and for the other parties to reply.

The applicant unions alleged that the responding nursing homes failed to maintain pay equity under the Pay Equity Act.

The applications had been adjourned sine die following a 2016 merits decision, which is currently the subject of judicial review applications scheduled for February 2019.

The workplace parties requested the matters be relisted for hearing.

The Tribunal declined the request, adjourning the applications pending the outcome of the judicial review proceedings.

The applicant filed applications objecting to orders made by a Review Officer under the Pay Equity Act following an audit by the Pay Equity Office.

The applicant failed to name the Pay Equity Office as a responding party and did not name any responding party for the non-union group application.

The Tribunal directed the applicant to deliver copies of the applications to the Pay Equity Office and to post notices in the workplace for affected non-union employees before the applications would be processed further.

The applicant unions alleged that the responding nursing homes failed to maintain pay equity under their proxy plans.

In a prior decision, the Tribunal directed the parties to negotiate an amendment to their plans and adjourned the matter sine die.

The parties reached an impasse and requested the Tribunal to adjudicate the substantive issues.

The Tribunal held that it lacks originating jurisdiction over the substantive provisions of a proxy plan, which must first be addressed through the statutory Review Services process.

Given the pending judicial review applications and the lack of a Review Officer's order, the Tribunal indicated its intention to terminate the proceedings.

The Pay Equity Office sought to discontinue its referral under section 24(5) of the Pay Equity Act against the respondent.

The Pay Equity Hearings Tribunal, sitting as a panel of one under the Statutory Powers Procedure Act, granted the request and terminated the matter.

The Pay Equity Office referred a matter to the Tribunal under section 24(5) of the Pay Equity Act, asserting that the respondent employer failed to comply with a Review Officer's Order.

The employer did not file a response or communicate with the Tribunal.

The Tribunal concluded that the employer had not complied with the Order and directed that an order would issue in the form requested by the Office unless the employer filed submissions by a specified date.

The Pay Equity Office referred a matter for enforcement of a Review Officer's Order against Norwood Nursing Home Limited.

The Office subsequently advised it would not proceed with the referral.

The Pay Equity Hearings Tribunal terminated the matter.

The Pay Equity Hearings Tribunal issued a procedural decision regarding the composition of the panel for an ongoing hearing.

Due to the unavailability of the full three-person panel for the remaining scheduled dates, the parties consented under the Statutory Powers Procedure Act to continue and conclude the hearing before the Deputy Presiding Officer sitting alone.

The Pay Equity Office referred a Review Officer's Order for enforcement under section 24.5 of the Pay Equity Act.

At a pre-hearing conference, the responding employer undertook to complete the required steps by a specified date.

The Tribunal incorporated this undertaking into a direction and adjourned the matter sine die, to terminate without further notice unless the Office requests to proceed.

The Pay Equity Office referred an order to the Tribunal after the employer failed to comply.

The Tribunal previously directed the employer to pay the monetary adjustments owed to affected employees.

The employer subsequently sent a letter seeking to appeal the order and extend the time for payment, effectively requesting a reconsideration of the Tribunal's decision.

The Tribunal dismissed the request, finding no exceptional circumstances to warrant reconsideration, as the employer had been provided ample opportunity to respond but ignored the matter.

The Pay Equity Office referred a matter to the Tribunal under section 24(5) of the Pay Equity Act due to the employer's non-compliance with a previous order.

The Tribunal had previously found the employer in non-compliance and provided an opportunity to make submissions.

The employer failed to file submissions.

The Tribunal ordered the employer to pay the pay equity adjustments and accrued interest within 30 days.

The Pay Equity Office referred a matter to the Tribunal, asserting that the Employer failed to comply with a Review Officer's Order.

The Employer failed to file a response by the deadline.

In the absence of a response, the Tribunal concluded the Employer had not complied and indicated it would issue an order in the form requested by the Office unless the Employer filed submissions by a specified date.

The Pay Equity Office referred a matter to the Tribunal under section 24(5) of the Pay Equity Act due to the employer's failure to comply with a previous order.

After the employer failed to file submissions as directed, the Tribunal ordered the employer to post the decision, provide payroll and job data, evaluate job classes, calculate pay equity adjustments, and pay outstanding adjustments with interest within specified timelines.

The Office's request to confirm the Review Officer's order was dismissed, as the Tribunal's jurisdiction on a referral is limited to determining compliance.

The Pay Equity Office referred a matter to the Tribunal under section 24(5) of the Pay Equity Act, asserting that the employer failed to comply with a Review Officer's order.

The employer failed to file a response or communicate with the Tribunal.

The Tribunal concluded that the employer had not complied with the order and directed that an order would be made in the form requested by the Office unless the employer filed submissions by a specified date.

The parties requested on consent to extend the period of an adjournment sine die of a referral under section 24(5) of the Pay Equity Act.

The Tribunal granted the request, extending the adjournment to June 1, 2017, after which the application would be deemed abandoned if no request to proceed is received.

The Pay Equity Office referred a matter to the Pay Equity Hearings Tribunal under section 24(5) of the Pay Equity Act.

The Tribunal previously advised the respondent employer that an order would be made in the form requested by the applicant unless the employer filed submissions by a specified date.

The employer failed to file any submissions.

Consequently, the Tribunal issued a default order directing the employer to take specific steps to comply with its pay equity obligations, including posting the order, evaluating job classes, calculating pay equity adjustments, and paying outstanding adjustments with interest.

The Pay Equity Office referred a matter to the Tribunal under section 24(5) of the Pay Equity Act, asserting that the respondent employer failed to comply with a Review Officer's Order.

The employer did not file a response or communicate with the Tribunal.

Consequently, the Tribunal concluded that the employer had not complied with the Order.

The Tribunal directed that unless the employer files submissions by April 19, 2017, an order in the form requested by the Office will be issued.

The applicant union wrote to the Tribunal suggesting that two scheduled hearing dates might need to be adjourned and requested further dates be scheduled.

The responding employer objected.

The Tribunal found the adjournment request premature and directed that the hearing proceed as scheduled without cancelling or adding dates unless directed by the hearing panel.

The Pay Equity Office referred a matter seeking enforcement of a Review Officer's Order against the Sexual Assault Support Centre of Ottawa.

During a teleconference, the parties jointly requested that the matter be adjourned sine die until September 30, 2017.

The Tribunal granted the request, noting that the matter would be deemed abandoned if no party sought to proceed by that date.

The Pay Equity Office referred a Review Officer's Order for enforcement, while the employer applied to object to the Order.

The Tribunal previously dismissed the employer's objection except regarding whether one employee had relinquished her entitlement by executing a release.

As the employee failed to file submissions opposing the employer's position, the Tribunal varied the Order to exclude her from the pay equity adjustments.

The Tribunal also directed a conference call to address the Pay Equity Office's unusual request to adjourn the enforcement application in part and proceed in part.