Pay Equity Hearings Tribunal
0721-01: Royal Crest Lifecare Group, Applicant v Pay Equity Commission and Unidentified Group of Non-Union Employees, Respondents
Before: Mary Ellen Cummings, Chair; Margaret Kvetan and Pauline R. Seville, Members.
Cite as: Royal Crest Lifecare Group (No.3) (September 4, 2001) 0721-01 (P.E.H.T.)
DECISION OF THE TRIBUNAL, SEPTEMBER 4, 2001
1This is an application by Royal Crest Life Care Group (the Applicant or the Employer) brought with respect to an Order of an Officer dated June 21, 2000.
2By decision dated June 12, 2001, the Tribunal dismissed many of the allegations, and part of the claim for relief set out in the application on the basis that they did not make out a prima facie case under the Pay Equity Act. The allegations that the Tribunal dismissed related to complaints about the conduct of the Review Officer. At paragraph 8 of that decision, the Panel wrote:
Given that the application is now limited to the substantial workplace dispute about whether the pay equity adjustments required in the plans have been paid out, it is not clear to the Tribunal that the Pay Equity Commission is a proper respondent. Or put another way, it is not obvious that the Pay Equity Commission has an interest in these proceedings. The panel can deal with this issue, if necessary, when the hearing convenes.
3On July 3, 2001, the Pay Equity Office filed a response, indicating that it intended to seek the right to participate in the hearing, setting out its reasons why it believes it should be permitted to do so. The Panel believes that it would be useful to determine the Office's right to participate in advance of convening a hearing with respect to the substantive workplace dispute. The Tribunal is confident that it can make a determination about the Office's standing to participate based on the written submissions of the parties.
4The Pay Equity Office is directed to serve and file any further submissions it wishes to make in support of its request to participate in this proceeding by no later than September 21, 2001. The responding parties are directed to serve and file any submissions by no later than October 5, 2001. The Pay Equity Office may serve and file reply submissions by no later than October 19, 2001.
Dated at Toronto, Ontario, this 4^th^ day of September, 2001.
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Mary Ellen Cummings, Chair
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Margaret Kvetan, Member
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Pauline R. Seville, Member
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