Paul LeMay

The Tribunal issued a decision to correct a clerical error in the Notice to Employees enclosed with an earlier decision.

The date for filing a response was corrected to May 16, 2011, and an Amended Notice to Employees was provided.

The applicant employer and respondent union consented to the Tribunal resolving their outstanding disputes regarding a Pay Equity Plan based on filed materials.

The Tribunal ordered the parties to execute a Pay Equity Plan incorporating agreed-upon job class bands, male comparators, and retroactive adjustment dates as set out in an appendix.

The Order of the Review Officer was varied accordingly.

The applicant and the Pay Equity Office requested that a scheduled hearing be converted into a pre-hearing conference to deal with preliminary matters, and that the second hearing date be cancelled.

The Tribunal noted that a pre-hearing conference cannot make binding decisions.

Therefore, the Tribunal maintained the first hearing date before a full panel to decide the preliminary issues, and cancelled the second date.

The Tribunal also amended the style of cause to add a respondent who had delivered but not filed a response.

The applicant requested an adjournment sine die during the hearing.

The Pay Equity Hearings Tribunal consented to adjourn the hearing sine die for a period of three months, after which the matter will be deemed terminated unless a party requests to proceed.

The Pay Equity Hearings Tribunal issued procedural directions ahead of a hearing scheduled for March 25, 2011.

The applicant was directed to file its statement of issues, position, facts, witness list, and documents within 15 days.

The respondent was directed to file its response within 10 days thereafter, and the applicant was given 5 days to file a reply.

The applicant, Canadian Union of Public Employees and its Local 2296, sought to withdraw its application against the Children's Aid Society of the District of Thunder Bay.

The Pay Equity Hearings Tribunal granted leave and the application was withdrawn.

The respondent requested an adjournment of the application, which the Tribunal granted.

The application was adjourned sine die for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The Pay Equity Commission brought a referral application under section 24(5) of the Pay Equity Act.

The responding party failed to file submissions in response to a previous decision.

The Tribunal found that the responding party had not complied with the Order issued against it and directed the payment of $5,268.35 plus interest to the affected employee.

The Pay Equity Commission applied for enforcement of a Review Officer Order against the Employer.

The Employer had previously acknowledged non-compliance but failed to take corrective steps.

The Tribunal directed the Employer to file written submissions showing cause why it should not be found in non-compliance and ordered to pay the outstanding amount of $5268.35 plus interest.

The applicant employer filed written submissions and an accountant's report arguing its calculations of pay equity liability satisfied the Pay Equity Act.

A responding employee disagreed, maintaining the Review Officer's Order should be upheld.

The Tribunal found it could not resolve the material dispute of fact regarding the calculations and the apparent lack of a proxy pay equity plan based solely on written submissions.

The Tribunal directed the Registrar to schedule a full oral hearing.

The Ontario Secondary School Teachers' Federation and the Hamilton-Wentworth District School Board filed applications with the Pay Equity Hearings Tribunal.

The parties subsequently reached a settlement.

The Tribunal noted that under subsection 25.1 of the Pay Equity Act, settlements are binding and can be the subject of a complaint if not complied with.

The Tribunal closed its files.