PAY EQUITY HEARINGS TRIBUNAL
PE-0626-96 Helen Henderson Care Centre, Applicant v. Service Employees International Union, Local 183, Respondent
PE-0627-97 Barbara Adams, Applicant v. Canadian Mental Health Association, Respondent
PE-0631-97 Chelsey Park Retirement Community, Applicant v. London and District Service Workers Union Local 220, Respondent
PE-0632-97 Caressant Care Nursing Home, Applicant v. London and District Service Workers Union Local 220, Respondent
PE-0633-97 Kensington Village Retirement Home, Applicant v. London and District Service Workers Union Local 220, Respondent
Before: Mary Anne McKellar, Vice-chair, and Members Geri Sheedy and Charles Taccone
Appearances: Carolyn Kay-Aggio for Canadian Mental Health, Malcolm Winter for Helen Henderson Care Centre, Jennifer Perry for Caressant Care Nursing Home, Michelle Sherwood for London and District Service Workers Union, Local 183 and 220 and Senka Dukovich for Barbara Adams.
Cite As: Helen Henderson (P.E.H.T. 0626-96; 0627-97; 0631-97; 0632-97 and 0633-97) September 26, 1997.
DECISION OF THE TRIBUNAL
[1]. These applications all relate to provisions of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended, that require the use of the proxy method of comparison for achieving pay equity. Those provisions were amended significantly by Schedule J of the Savings and Restructuring Act, 1996, S.O. 1996, c.1.
[2]. The Employer in each of these applications took the position that, as of January 1, 1997, Schedule J deprived the Tribunal of jurisdiction to hear these applications. The Employers' preliminary motion to this effect was opposed by the respective Unions and by Ms. Adams.
[3]. The parties provided the Tribunal with written submissions on the motion. A subsequent oral hearing was convened on August 27, 1997 to hear further submissions on the issues outlined by the panel in its decision dated July 30, 1997. At the conclusion of that hearing, the panel reserved its decision on the motion.
[4]. Prior to the Tribunal releasing a decision on the motion, Mr. Justice O'Leary of the Ontario Court of Justice (General Division) issued his decision in Re Service Employees International Union, Local 204 et al and the Queen in Right of Ontario (unreported, September 5, 1997). By this decision, O'Leary, J. declared Schedule J of the Savings and Restructuring Act, 1996 to be "unconstitutional and of no force and effect".
[5]. As Schedule J has now been declared ineffective, we are precluded from finding that it deprives the Tribunal of jurisdiction to hear these applications. The motion is dismissed. These applications will be processed by the Tribunals' Office in accordance with its usual practice.
Dated at Toronto this 26th day of September, 1997.
Mary Anne McKellar Vice-chair
Charles Taccone Member
Geri Sheedy Member