The Child’s Place v. Fitzpatrick, 2003 CanLII 57510

Pay Equity Hearings Tribunal

File No.: 0730-01

Between:

The Child’s Place, Applicant v. Pat Fitzpatrick, Kamal Haffar, The Crown in Right of Ontario (Ministry of Community and Social Services), Respondents

Before: Mary Ellen Cummings, Chair; Pauline R. Seville and Margaret Kvetan, Members

Cite as: The Child’s Place (No. 3)(January 6, 2003) 0730-01 (P.E.H.T.)

Decision of the Tribunal, January 6, 2003

1The Child’s Place has brought an Application with respect to an Order of a Review Officer dated August 27, 2001. The Order concluded that The Child’s Place was required to make the pay equity adjustments set out in the pay equity plan it had posted on October 3, 1994. The Order determined that the Pay Equity Act, R.S.O. 1990, c.P 7, as amended (“the Act”) did not permit an employer to fail to pay adjustments on the basis that it lacked the funds to do so.

2By letter dated November 22, 2002, The Child’s Place requested that the Tribunal not continue its efforts to schedule this matter because The Child's Place is in the process of implementing the Order. The Tribunal was advised that “The Child’s Place will be dissolved in the near future and the Board intends to satisfy pay equity obligations prior to closure”.

3The Tribunal treated the letter as, essentially, a request to adjourn this matter sine die, that is an adjournment to an indefinite date. The Tribunal sought submissions from the other parties. The Crown in Right of Ontario (Ministry of Community and Social Services) responded that it consented to the request. No response has been received from the other parties.

4In all of the circumstances, the Tribunal considers it appropriate to adjourn this matter sine die. In this way, The Child’s Place can proceed with its plans, but if another party is unsatisfied with the progress, the matter can be re-scheduled. However, if none of the parties seeks to bring the matter back on for hearing within one year of the date of this decision, the proceeding will be terminated without further notice.