The Law Society of Upper Canada v. Unknown Respondents, 1996 CanLII 8057

Pay Equity Hearings Tribunal

0491-94 The Law Society of Upper Canada, Applicant v. Unknown Respondents, Respondent

Before: Heather MacNaughton, Vice-Chair, and Members Bruce Budd and Margaret Kvetan

Counsel: Dolores Barbini for The Law Society of Upper Canada

ORDER OF HEATHER MACNAUGHTON, VICE-CHAIR AND TRIBUNAL MEMBERS MARGARET KVETAN AND BRUCE BUDD.

1On July 22, 1996 The Law Society of Upper Canada (“Law Society”) notified the Pay Equity Hearings Tribunal that it intended to pursue its Application for hearing in file number PE-0491-94. On August 30, 1996 the Deputy Registrar of the Tribunal directed that the Law Society post a Notice in a conspicuous place in their workplace. Enclosed with the direction was the form of the Notice. The Notice was to remain posted until the first day of hearing. The Deputy Registrar further directed that the Notice be distributed to any non-unionized employees who did not regularly attend the workplace, and to employees in the affected job class who had left the Law Society’s employ on or subsequent to January 1, 1990. The form of Notice indicated the nature of the remedy being sought by the Law Society and advised any employees who wished to participate in the proceedings that they were required to respond to the Application by serving and filing a Response in Tribunal Form 2 by September 30th, 1996.

2The Tribunal has subsequently learned, from correspondence from Counsel to the Law Society and from the Statements of Service filed, that the Law Society posted the Notice on September 26th, 1996. In the result, employees who wished to do so had only four days in which to file a response. As well, the Law Society failed to send the Notice to employees in the affected job class who had left their employ. We are concerned that the correspondence does not adequately explain the delay.

3We find that the Notice given by the Law Society failed to meet the requirements of the Deputy Registrar’s direction, and was ineffectual. We hereby order that the Law Society:

a) post a Notice, the form of which will be delivered with this Order, in a conspicuous place in their workplace on or before October 15, 1996; such Notice to remain posted until the first day of hearing in this matter;

b) redistribute the Notice to any non-unionized employees who do not regularly attend at the workplace; such redistribution to be effected by October 15, 1996;

c) send a copy of the Notice to the last known address of those employees in the affected job class who left the employ of the Law Society on or subsequent to January 1, 1990; such mailing to be completed by October 15, 1996;

d) file with the Tribunal a Statement of Posting in Form 6, indicating compliance with the posting portion of this Order, and a Statement of Service in Form 3, indicating compliance with the distribution and mailing portions of this Order.