Pay Equity Hearings Tribunal
1140-08-PE Kirk Windibank, Applicant v. Corporation of the City of Windsor, Respondent.
BEFORE: Mary Anne McKellar, Vice-Chair, Pauline R. Seville and Margaret Kvetan, Members.
CITE AS: City of Windsor 1140-08-PE (16 December 2008) (P.E.H.T.)
RECONSIDERATION DECISION OF THE TRIBUNAL: December 16, 2008
The applicant seeks to have the Board reconsider its decision dated November 6, 2008 dismissing this application.
The application was dismissed on the basis of our finding that the applicant sought to litigate an issue (the gender predominance of the single-incumbent position he formerly held with the responding party City and which had been determined to be male in 1992) which we had already determined in an earlier proceeding (File No. 1443‑07‑PE) was an abuse of process for him to litigate. In our decisions in File No. 1443‑07‑PE we also noted that there was no other basis on which the applicant might be entitled to any relief under the Act unless he could establish that the gender predominance of his position was female.
We dismissed the current application only after soliciting and reviewing the applicant’s written submissions on the specific question of why it was not an abuse of the Tribunal’s process.
The submissions the applicant has now made in support of his request for reconsideration are ones he had the opportunity of making prior to our dismissal of this application. He is now attempting to re-argue his case. This is not an appropriate circumstance in which to exercise our discretion to reconsider. The applicable principles respecting the Tribunal’s discretion to reconsider are well known to the applicant, as we set them out in a decision dealing with his request that we reconsider our decision dismissing his earlier application in File No. 1443‑07‑PE.
For the above reasons, the request for reconsideration is dismissed.
Dated at Toronto this 16th day of December, 2008.
“Mary Anne McKellar”______
Mary Anne McKellar
“Pauline R. Seville”__________
Pauline R. Seville
“Margaret Kvetan”___________
Margaret Kvetan