Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Government Services), 2009 CanLII 37948

Pay Equity Hearings Tribunal

File No.: 2691-08-PE

Between:

Ontario Public Service Employees Union, Applicant v. The Crown in Right of Ontario (Ministry of Government Services), Respondent.

Before: Diane L. Gee, Chair Margaret Kvetan, Member Catherine Bickley, Member

Decision of the Tribunal: April 22, 2009

Decision of the Tribunal

1This matter is an application by the Ontario Public Service Employees Union (“OPSEU”) filed with the Pay Equity Hearings Tribunal (the “Tribunal”) on November 28, 2008. The respondent, the Crown in Right of Ontario (Ministry of Government Services) (the “Crown”), filed its response with the Tribunal on January 23, 2009. The Crown sets out in its response a number of preliminary motions that it asks be dealt with prior to any hearing on the merits. The first preliminary motion is that the Tribunal is without jurisdiction to hear this application as the requirements of section 25(1) of the Pay Equity Act, R.S.O. 1990, c. P.7 (the “Act”) have not been satisfied (this first preliminary motion is referred to in the remainder of this decision as the “jurisdictional issue”).

2By way of decision dated January 27, 2009, the Tribunal directed the parties to file any submissions that they wished to make in respect of the jurisdictional issue pursuant to a schedule set out in the Tribunal’s decision which the parties were free to vary upon agreement.

3The parties agreed to an alternative schedule for the filing of submissions in respect of the jurisdictional issue and advised the Tribunal of the schedule agreed to by letter dated February 10, 2009. Submissions in respect of the jurisdictional issue have now been filed with the Tribunal by both parties.

4Having reviewed the submissions of the parties on the jurisdictional issue, the Tribunal has determined that the Pay Equity Commission should be provided with an opportunity to make submissions to the Tribunal on this issue. Accordingly, the Registrar of the Tribunal is directed to provide to counsel for the Pay Equity Commission a copy of the application and response filed in this matter as well as a copy of the parties’ submissions filed with the Tribunal in respect of the jurisdictional issue. The Pay Equity Commission is hereby directed to deliver to the applicant and respondent and file with the Tribunal any submissions that it would like to make in respect of the jurisdictional issue no later than May 15, 2009. Should the Pay Equity Commission file submissions with the Tribunal, the applicant and respondent may respond to those submissions by delivering their submissions in response to the other party as well as to the Pay Equity Commission and filing same with the Tribunal by no later than May 29, 2009. Should the Commission wish to reply to any submissions filed by the parties in response to the Commission’s submissions it may do so by delivering its reply submissions to the parties and filing them with the Tribunal by June 8, 2009.

5Should the Pay Equity Commission and the parties wish to vary the schedule set out herein for the filing of submissions in respect of the jurisdictional issue they are free to do so provided that they are in agreement as to the revised schedule and advise the Tribunal of the schedule agreed to.