Brandi Antoniak v. Haydon Youth Services, 2009 CanLII 37946

Pay Equity Hearings Tribunal

0803-07-PE Brandi Antoniak, Applicant v. Haydon Youth Services, Pay Equity Commission, Respondents.

BEFORE: Diane L. Gee, Chair, Margaret Kvetan and Catherine Bickley, Members.

DECISION OF THE TRIBUNAL: February 24, 2009

Decision

1. This matter is an application filed with the Pay Equity Hearing Tribunal in which Brandi Antoniak alleges that Haydon Youth Services has not complied with an Order issued by a Pay Equity Review Officer on March 4, 2005 (the "Order"). The Order directs Haydon Youth Services to prepare a pay equity plan using the proxy method of comparison with the job classes of Child Care Worker and Part-time Child Care Worker as female dominated job classes. The Order further directs Haydon Youth Services to post the plan and, following a period of time during which the employees could make comments on the plan, states that the plan will be deemed approved. Ms. Antoniak asks that Haydon Youth Services be required to abide by the Order.

2. Unfortunately, it is not clear from the Statement of Service filed by Ms. Antoniak that she has provided a copy of her application to Haydon Youth Services and all of the other employees who were named in the Order as is required by the Tribunal's Rules. Ms. Antoniak has provided contact information in her application for only one other employee, however, the phone number provided for this person is out of service. Ms. Antoniak has provided no contact information for the remaining employees listed in the Order.

3. Accordingly, the application, as well as a Notice of Application to Employees, is, under cover of this decision, being delivered to Haydon Youth Services.

4. Haydon Youth Services is hereby directed to:

• post a copy of the enclosed Notice of Application to Employees in the workplace in locations where it will come to the attention of employees who may be affected by the application;
• hand deliver a copy of the application, the Notice of Application to Employees and this decision to all of the employees listed in the Order who remain employed at Haydon Youth Services;
• mail a copy of the application, the Notice of Application to Employees and this decision to all of the employees listed in the Order who are no longer employed at Haydon Youth Services at their last known mailing address;
• provide to the Board the most recent mailing address it has in its records for all of the employees listed in the Order;
• comply with the foregoing directions within 15 days of the date of this decision; and
• inform the Tribunal in writing when all of the foregoing directions have been complied with.

5. A copy of this application is hereby also being delivered to the Pay Equity Office. The Pay Equity Office is directed to:

• mail a copy of the application, the Notice of Application to Employees and this decision to the address that it has on file for each of the confidential employees;
• notify the Tribunal in writing when it has done so; and
• advise as to whether the Officer who issued the Order monitored Haydon Youth Services for compliance and, if so, whether the Officer considers Haydon Youth Services to have complied with the Order.

6. Anyone who receives a copy of this application who wishes to participate in any proceedings that may take place in order to determine if Haydon Youth Services has complied with the Order and, if not, what Orders the Tribunal ought to make, is hereby directed to follow the directions as set out in the attached Notice of Application to Employees.

Dated at Toronto this 24^th day of February, 2009.

"Diane L. Gee" Diane L. Gee, Chair

"Margaret Kvetan" Margaret Kvetan, Member

"Catherine Bickley" Catherine Bickley, Member