Pay Equity Hearings Tribunal
3361-04-PE Pay Equity Commission, Applicant v. Gian Daycare Limited, Respondent.
4423-04-PE Gian Daycare Limited, Applicant v. City of Toronto and Pay Equity Office, Respondents.
BEFORE: Mary Anne McKellar, Vice-Chair, Margaret Kvetan and Pauline R. Seville Members.
CITE AS: Gian Daycare Limited (24 October 2005) (P.E.H.T.)
DECISION OF THE TRIBUNAL; October 24, 2005
Reasons for Decision
[1]. By decision dated September 23, 2005, the Tribunal directed Gian Daycare Limited (“Gian”) to make certain written submissions:
Gian is directed to make submissions in writing setting out why the Tribunal should not dispose of both these applications by doing the following: (1) dismissing its application on the basis that the Tribunal has no jurisdiction to grant the relief requested; and (2) directing it to comply with the Third Order. These submissions should be delivered to the City and the Office and filed with the Tribunal by no later than October 3, 2005. The City and the Office need not respond to any submissions filed by Gian unless specifically directed to do so by the Tribunal.
In the event that the Tribunal determines that these matters should not be disposed of as outlined in the preceding paragraph, but should rather proceed to hearing, it will at that time direct the Office to address the issues raised in this decision respecting its standing to participate. At this point, any such submissions would be premature.
The submissions directed in this decision should be placed before this panel of the Tribunal.
[2]. Gian has not filed any submissions with the Tribunal pursuant to the above direction. Accordingly, the application in Tribunal File No. 4423-04-PE is dismissed. The application in Tribunal File No. 3361-04-PE is granted, and the Tribunal hereby directs Gian to comply with the Review Officer’s Order dated November 3, 2004.
Dated at Toronto, Ontario this 24th day of October, 2005.
“Mary Anne McKellar” Mary Anne McKellar, Vice Chair
“Margaret Kvetan” Margaret Kvetan, Member
“Pauline R.Seville” Pauline R. Seville, Member