Pay Equity Hearings Tribunal
0505-94 Ms. Cheryl Clow, Applicant v. Corporation of the City of Peterborough, Respondent
0515-94 Corporation of the City of Peterborough, Applicant v. Ms. Cheryl Clow, Respondent
Before: Phyllis Gordon, Chair and Members Janet Slone Taylor and Bruce Budd
Cite as: Corporation of the City of Peterborough (March 24, 1995) 0505-94, 0515-94 (P.E.H.T.)
DECISION OF THE TRIBUNAL, MARCH 24, 1995
1Ms. Cheryl Clow had been employed by the City of Peterborough as a seasonal worker for several years. Subsequent to her loss of employment she applied to the Pay Equity Commission and made a complaint under s. 9(2) of the Pay Equity Act, R.S.O.1990,c.P.7. The Review Officer found in her favour and she seeks enforcement of the Order. The Employer, the City of Peterborough, seeks to quash the Order.
2The Employer has raised a preliminary objection that the Review Officer was without jurisdiction to consider the complaint as Ms. Clow was not an employee for the purposes of making a complaint under s.9(2) and that she cannot properly file a complaint under 2.22(1) of the Act. We have considered the evidence and the oral and written submissions made by the parties on this preliminary matter and conclude that the Employer's preliminary motion is to be dismissed. Our written reasons will be provided at a later date. In the meantime, the Registrar will contact counsel forthwith to set dates for the continuation of the hearing.