Pay Equity Hearings Tribunal
File No.: 2118-07-PE Applicant: Comfort Inn Motel Respondents: Group of Employees
Before: Diane L. Gee, Chair, Catherine Bickley and Margaret Kvetan, Members.
Decision of the Tribunal: May 14, 2009
Decision
[1]. This matter is an application under section 24(6) of the Pay Equity Act (the "Act"). A pre-hearing consultation was scheduled to take place in connection with this matter on December 18, 2008. On agreement of the parties, the December 18, 2008 date was adjourned and the pre-hearing consultation was rescheduled to take place on May 8, 2009. Notice of the rescheduling of the pre-hearing conference was sent to all parties by either facsimile transmission or courier.
[2]. On May 8, 2009, three individuals were in attendance at the pre-hearing consultation representing the responding party group of employees. No one attended the pre-hearing conference on behalf of the applicant.
[3]. The Rules of the Pay Equity Hearings Tribunal (the "Tribunal") provide:
- The Tribunal may direct that a party who fails to attend a Pre-Hearing Conference after receiving proper notice and without an explanation acceptable to the Tribunal:
(i) is not entitled to further notice of the hearing or any other steps in the proceeding; (ii) will not be permitted to request an adjournment of the hearing except on consent or in a true emergency.
[4]. Relying on Rule 43, the responding party group of employees request that this application be dismissed without further notice to the applicant on the basis that it has been abandoned.
[5]. The applicant is hereby directed to provide the Tribunal with reasons as to why this application ought not to be treated as having been abandoned no later than June 10, 2009 failing which the request of the responding party group of employees will be granted and the application will be terminated. There is no need for the responding party group of employees to respond to the applicant's submissions unless they are later directed by the Tribunal to do so.
[6]. The Tribunal will deal with the remaining requests made by the responding party group of employees at the pre-hearing conference after it has dealt with the request that this application be dismissed on the basis that it has been abandoned.
Dated at Toronto this 14th day of May, 2009.
"Diane L. Gee"______
Diane L. Gee, Chair
"Catherine Bickley"
Catherine Bickley, Member
"Margaret Kvetan"___________
Margaret Kvetan, Member