Pay Equity Hearings Tribunal
2705-08-PE Hansler Industries Ltd., Applicant v. Linda Lawrence, Christine Whitehouse, Phebe Palmer, Respondents.
2716-08-PE Hansler Smith Ltd., Applicant v. Linda Lawrence, Christine Whitehouse, Phebe Palmer, Respondents.
BEFORE: Diane L. Gee, Chair, Catherine Bickley and Margaret Kvetan, Members.
DECISION OF THE TRIBUNAL: May 14, 2009
[1]. These matters are applications under section 24(6) of the Pay Equity Act (the "Act"). On April 24, 2009, Minutes of Settlement were signed by all of the parties to both applications. Paragraph 10 of the Minutes of Settlement provides that "... the Applicants agree to withdraw the Applications."
[2]. By letter dated April 30, 2009, counsel for Hansler Industries Ltd. advised the Pay Equity Hearings Tribunal (the "Tribunal") that the parties had resolved all issues pertaining to these matters and that Hansler Industries Ltd. withdraws its application. By letter dated May 1, 2009, counsel for Hansler Smith Ltd. advised the Tribunal that the parties had reached a settlement and asked that the application be adjourned sine die. Finally, by letter dated May 13, 2009, Linda Lawrence, one of the individuals who signed the Minutes of Settlement advised the Tribunal that she did not consent to "adjourn sine die". Ms. Lawrence indicates in her letter that she believes she was advised that the matter would be left open for a year "and if all items have not been met as outlined in the Minutes of Settlement, the case would be back where it was, before our meeting."
[3]. The Minutes of Settlement signed by all of the parties including Ms. Lawrence clearly provide for the applications to be withdrawn. Ms. Lawrence's concern that the terms of the Minutes of Settlement may not be complied with are addressed by section 25.1 of the Act. Section 25.1 of the Act provides that the settlement is binding on the parties. If the terms of the Minutes of Settlement are not complied with a complaint can be made to the Tribunal.
[4]. Thus, having regard to paragraph 10 of the Minutes of Settlement these matters are withdrawn and the Tribunal's files closed.
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