Roslyn McGilvery

The applicant employer brought a motion to dismiss the application on a prima facie basis, arguing that the Review Officer's findings and the responding employee's pleadings did not raise a prima facie violation of the Pay Equity Act.

The Pay Equity Hearings Tribunal declined to dispose of the matter on a prima facie basis and directed that the matter proceed to a hearing on the merits.

The applicant filed an application under section 24(6) of the Pay Equity Act.

The Tribunal acknowledged receipt of the respondent's written submissions regarding the applicant's preliminary motion and granted the applicant until June 30, 2016, to file reply submissions.

The applicant filed an application under section 24(6) of the Pay Equity Act.

The Tribunal noted that the applicant and the responding party employee had failed to file their written submissions on a preliminary motion with the Tribunal, having only exchanged them with each other.

The Tribunal directed the responding party to file her written submissions forthwith, failing which the preliminary matter would be determined based solely on the applicant's submissions.

The applicant filed an application under section 24(6) of the Pay Equity Act.

In advance of the scheduled hearing, the Tribunal issued a procedural decision noting that the timeline for preliminary submissions had elapsed and directing the parties to finalize their Agreed Statement of Facts.

The Tribunal also directed the parties to notify it of any outstanding document production issues by a specified date.

The applicant confirmed it wished to proceed with its applications under the Pay Equity Act after previously being directed to consider withdrawal.

The Pay Equity Hearings Tribunal, sitting as a panel of one under the Statutory Powers Procedure Act, set a schedule for the parties and the Crown to deliver and file their submissions on the preliminary issue.

The applicant sought to withdraw its applications challenging Review Officer orders regarding pay equity adjustments.

The respondent union objected, arguing prejudice to employees.

The applicant then requested an extension to reconsider its withdrawal.

The Tribunal granted the applicant until October 21, 2015 to indicate whether it wishes to withdraw, and directed other parties to refrain from filing submissions on a preliminary issue regarding the Crown's status as employer until further notice.