Pay Equity Hearings Tribunal
0732-01 Pay Equity Commission, Applicant v Kitchener-Waterloo Lutheran School Society/Christ Elementary Learning Centre, Respondent
Before: Mary Ellen Cummings, Chair; Pauline R. Seville and Margaret Kvetan, Members
Cite As: Kitchener-Waterloo Lutheran School Society (No. 4) (May 25, 2004) 0732-01 (P.E.H.T.)
Decision of the Tribunal, May 25, 2004
This Application is a Referral by the Pay Equity Office ("the Office"). The Office alleged that Kitchener-Waterloo Lutheran School Society/Christ Elementary Learning Centre ("the Employer") failed to comply with an Order requiring it to prepare and post a pay equity plan, and make any payments required under the plan, in accordance with the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act").
The Referral was adjourned, because the Office was satisfied that the Employer was taking steps to comply with the Order, and the Tribunal's intervention was not required. As is our usual practice, we adjourned the matter for a year.
By letter dated May 13, 2004, the Office has asked that the matter be adjourned for a further period, specifically until March 15, 2006. The Office wrote:
The respondent employer and the employees who were applicants at Review Service have reached an agreement to pay out all outstanding pay equity adjustments on an instalment basis to all employees by March 1, 2006. The Pay Equity Office and the Respondent employer have agreed to maintain the adjourned status of this matter until all adjustments have been paid pursuant to the agreement.
When parties want to adjourn a matter sine die, which means to an uncertain date, in accordance with Rule 78 of the Tribunal's Rules of Practice, the matter is adjourned for a year. But the Tribunal has adjourned matters for a shorter period, where it considered it appropriate.
In this case, the Office seeks an adjournment for a longer period, to March 15, 2006. Having regard to the reasons given, and the fact that those parties who are most interested have agreed, this matter is adjourned to March 15, 2006. If none of the parties seeks to bring it on for hearing before the expiry of that period, this matter will be terminated without further notice to the parties.
In accordance with our powers in section 32(1.1), the Tribunal directs the Employer to post a copy or copies of this decision where it is most likely to come to the attention of its employees. In this way, employees who are affected by this proceeding will know the status of the matter. If the Employer prefers, it may distribute copies of the decision to all present and new employees, instead of posting in the workplace.
Dated at Toronto, this 25th day of May, 2004
Mary Ellen Cummings, Chair
Pauline R. Seville, Member
Margaret Kvetan, Member