Tribunal grants 6-month adjournment of appeal after parties resolve personal issues, pending pay equity plan resolution.
The employer appealed a Review Officer's Order concerning the termination of the respondent and the posting of a pay equity plan.
The parties resolved the issues personal to the respondent and requested a sine die adjournment.
The Tribunal granted a 6-month adjournment, rather than the standard 1-year period, to allow the employer time to consider the remaining issues regarding the pay equity plan while ensuring timely resolution.
The Tribunal also noted that notice to affected employees would be required if the matter proceeds.
Tribunal grants adjournment sine die pending employer's implementation of pay equity plan.
The Pay Equity Office referred a matter to the Tribunal.
The parties requested an adjournment sine die because the employer indicated it would implement the posted pay equity plan, which the applicants agreed to.
The Tribunal granted the adjournment sine die, noting the matter would be terminated if not brought on for hearing within one year.
Tribunal directs applicant to provide notice of pay equity application to union, former employer, and former employees.
The Applicant, OPSEU Pension Trust, objected to an administrative direction requiring it to give notice of its application to OPSEU, the Ontario Pension Board, and former non-union employees.
The application itself challenged a Review Officer's order finding that the sale of business provisions of the Pay Equity Act applied to the creation of the Trust.
The Tribunal held that there is a low threshold for giving notice and directed the Applicant to provide notice to all the identified entities and former employees, noting that they could later argue whether those parties had sufficient interest to participate.
Employer ordered to comply with Review Officer's order to pay pay equity adjustments after failing to respond.
The Pay Equity Office referred a matter to the Tribunal, alleging that the employer failed to comply with a Review Officer's order to resume paying pay equity adjustments and make retroactive payments.
The employer did not file a response to the referral.
The Tribunal found the Office's assertion unchallenged and ordered the employer to comply with the Review Officer's order.
Tribunal orders employer and union to comply with Pay Equity Office order after they failed to respond.
The Pay Equity Office referred a matter to the Pay Equity Hearings Tribunal under subsection 24(5) of the Pay Equity Act, alleging that the employer and union failed to comply with a Review Officer's order.
The order required the posting of a pay equity plan, adjustment of job rates, and retroactive payments.
Neither the employer nor the union responded to the referral.
The Tribunal found that the order had not been complied with and ordered the employer and union to comply.
Tribunal directs Pay Equity Office to provide submissions on jurisdiction to grant additional remedies for non-compliance.
The Pay Equity Office referred a matter to the Pay Equity Hearings Tribunal, alleging that the employer and the union failed to comply with a Review Officer's order to post a pay equity plan and make retroactive adjustments.
The employer and the union did not respond to the referral, and the Tribunal concluded that the order had not been complied with.
However, the Office sought additional remedies, including interest and a declaration of a breach of the Pay Equity Act.
The Tribunal directed the Office to provide written submissions on the Tribunal's jurisdiction to grant these additional remedies under subsection 24(5) of the Act before making a final determination.
Tribunal declared joint applicants' pay equity settlement binding and enforceable under section 25.1.
The Ontario Public Service Employees Union and the Ontario Public Service Staff Union brought a joint application seeking a declaration that their Minutes of Settlement regarding an amended pay equity plan constituted a binding settlement under section 25.1 of the Pay Equity Act.
The Tribunal found that the three requirements from Scarborough No. 2 were met: there was a matter requiring a hearing, a settlement was reached, and it was reduced to writing.
The Tribunal granted the declaration, confirming the settlement is enforceable.
Extension of time granted to file amended application due to newly retained counsel.
The applicant requested an extension of time to serve and file an amended application, citing newly retained counsel and the complexity of the matter.
The respondent agreed to a short extension.
The Pay Equity Hearings Tribunal granted the extension to March 21, 2003, balancing the need for new counsel to familiarize themselves with the file against the need to avoid significant delay.
Adjournment sine die granted to allow employer to satisfy pay equity obligations prior to dissolution.
The applicant, The Child's Place, requested an adjournment sine die of its application regarding a Review Officer's order to make pay equity adjustments.
The applicant advised it was in the process of implementing the order and intended to satisfy its pay equity obligations prior to its upcoming dissolution.
The Crown consented to the request, and no other parties responded.
The Tribunal granted the adjournment sine die, noting that the proceeding would be terminated if no party sought to bring the matter back on for hearing within one year.
Tribunal deferred document production to an affected party pending the principal parties' settlement discussions.
The Tribunal convened a conference call to address a disagreement over document production and a request by the applicant and employer to adjourn the proceeding to continue settlement discussions.
An affected party opposed the adjournment because she was excluded from the discussions.
The Tribunal noted that if the applicant withdraws her application following a settlement, the Tribunal will not address generalized pay equity concerns, and the affected party would need to file her own complaint.
The Tribunal found the entire job evaluation manual arguably relevant for production but deferred the production order until January 7, 2003, to allow the principal parties time to finalize their settlement and potentially withdraw the application.
Employer ordered to pay outstanding pay equity adjustments after unilaterally implementing non-compliant wage grids.
The applicant employer sought to review a Review Officer's Order which found it had not made required pay equity adjustments under its posted 1995 pay equity plans.
The employer argued it had implemented new wage grids in 1996 that provided greater benefits and addressed internal equity.
The Tribunal found that the 1996 re-evaluation was done outside the requirements of the Pay Equity Act and did not relieve the employer of its obligation to pay the adjustments required by the 1995 plans.
The Tribunal confirmed the Review Officer's Order and directed the employer to calculate and pay the outstanding adjustments with interest.
Application dismissed for failing to plead a prima facie case regarding pay equity liabilities.
The Applicant applied to the Tribunal regarding an Order of a Review Officer.
The Tribunal previously directed the Applicant to file further submissions to establish a prima facie case regarding the gender incumbency of the Educational Assistant job class and its request that the Ministry of Community and Social Services fund its pay equity liabilities.
The Applicant failed to file further submissions.
The Tribunal dismissed the application for failing to plead a prima facie case and confirmed the Review Officer's Order.
Tribunal declined to adjourn pay equity proceedings and ruled alleged sale of business irrelevant to pre-sale liability.
The applicant employer sought to adjourn pay equity proceedings pending the outcome of another case regarding Crown funding liability.
The Tribunal declined the adjournment.
The Tribunal also ruled that the alleged sale of the applicant's business to a third party was not a necessary issue in this proceeding, as the central issue was the applicant's failure to make pay equity adjustments prior to the alleged sale.
The third party was deemed not an interested party.
The matter was directed to proceed to an oral hearing on the issue of Crown liability.
Employer ordered to disclose job evaluation documents relevant to pay equity dispute despite privacy objections.
The applicant filed an application challenging a Review Officer's refusal to order the employer to implement a specific job evaluation scenario.
An affected party requested disclosure of the job evaluation documents.
The employer resisted, citing a previous privacy ruling.
The Tribunal ordered the employer to produce the documents, finding them relevant to the proceedings and noting its power to compel production supersedes privacy restrictions.
The Tribunal also ordered the applicant to amend her application to specify the alleged statutory contraventions.
Application challenging deemed approved pay equity plan and public sector employer status dismissed subject to further submissions.
The applicant employer applied to the Pay Equity Hearings Tribunal to review an Order of a Review Officer.
The Review Officer had declined to interfere with a 1992 deemed approved pay equity plan that designated the Educational Assistant job class as gender neutral.
The applicant also challenged its designation as a public sector employer required to use the proxy method of comparison.
The Tribunal found that the applicant failed to plead a prima facie case that the 1992 gender incumbency determination was unreasonable, noting that changes in gender incumbency over time do not render the initial determination unreasonable.
The Tribunal also confirmed that the applicant is a public sector employer because it operates a children's residence under the Child and Family Services Act.
The Tribunal directed the applicant to provide further submissions before formally dismissing the application for failing to make out a prima facie case.
Application adjourned sine die at the applicant's request.
The applicant requested an adjournment sine die.
As no employees filed a response, the Pay Equity Hearings Tribunal granted the request and adjourned the matter sine die, noting it would be dismissed after one year if not scheduled for a hearing.
Tribunal ordered employer to comply with Review Officer's pay equity order, denying request for stay.
The Pay Equity Office referred a matter to the Tribunal regarding the employer's failure to comply with a Review Officer's Order.
The employer admitted non-compliance but cited funding constraints and requested a stay pending discussions between its association and the government.
The Tribunal declined to grant a stay, noting the Pay Equity Office did not consent and there were no active settlement discussions.
Finding that the employer failed to meet its onus to prove compliance, the Tribunal ordered the employer to comply with the Review Officer's Order.
Tribunal indicates intent to order compliance with pay equity adjustments despite employer's claimed inability to pay.
The Pay Equity Office referred a matter to the Tribunal alleging that the respondent employer failed to comply with a Review Officer's order to pay out pay equity adjustments.
The respondent admitted non-compliance but argued it lacked the ability to pay due to a lack of government funding and challenged its inclusion in the broader public sector.
The Tribunal noted the respondent had previously raised and withdrawn these same arguments, found no basis to grant the requested relief, and indicated it would order compliance unless the respondent provided a foundation for a hearing by a specified date.
Tribunal amended previous decision to correct pay equity plan effective dates and calculation formula.
The Ontario Public Service Employees Union requested corrections to the Tribunal's March 27, 2002 decision.
The Tribunal acknowledged two errors and amended the decision to correct the effective dates for the pay equity plan and the formula for calculating the pay equity adjustment and retroactivity.
Matter adjourned sine die pending discussions on implementation of pay equity plan.
The Applicant and the Employer requested an adjournment sine die because the Employer posted a pay equity plan and was engaging in discussions about its implementation.
The Tribunal granted the adjournment, noting that the matter would be dismissed after one year without further notice unless a hearing was requested.