Queensway Nursing Home v. Group of Confidential Employees, 2009 CanLII 37961

Pay Equity Hearings Tribunal

File No.: 0439-09-PE Queensway Nursing Home, Applicant v. Group of Confidential Employees, Respondents v. Service Employees International Union, Local 1 Canada, Interested Party.

Before: Diane L. Gee, Chair, Margaret Kvetan and Pauline R. Seville, Members.

Decision of the Tribunal: July 14, 2009

1On July 15, 2008, a Review Officer of the Pay Equity Commission issued an Order in which it was determined that the 1995 Pay Equity Plan of Queensway Nursing Home (the “Employer”) did not comply with the requirements of the Pay Equity Act, R.S.O 1990, c. P.7 as amended (the “Act”). The Employer was directed to follow a series of steps in order to develop and implement a pay equity plan. The Employer has filed an application with the Pay Equity Hearings Tribunal (the “Tribunal”) seeking to have the Order set aside and have the Tribunal determine if the Employer has implemented a valid pay equity plan.

2The Employer’s application has the potential to reverse the Review Officer’s Order requiring the Employer to develop and implement a new pay equity plan. The outcome of the application may affect past and present employees of the Employer. Past and present employees of the employer who may be affected by the outcome of the Employer’s application are referred to in this Decision as the “affected employees”. These employees are entitled to be given notice of the Employer’s application and the opportunity to participate in any proceedings arising out of the application should they wish to do so.

3Section 29(1) of the Act gives the Tribunal the power to require any person seeking a determination under the Act to give written notice, in such form and manner at the Tribunal specifies, to persons that the Tribunal specifies.

4As a result, the Employer is hereby directed, within fifteen (15) calendar days of receipt of this decision, to post a copy of the enclosed Notice to Employees, its Application and this Decision in the work place in such place(s) where they are likely to come to the attention of any affected employees presently employed by the Employer. The Employer is further directed to mail a copy of the enclosed Notice to Employees to the last known address of each of the affected employees who are no longer employed by the Employer. The Employer is directed to advise the Tribunal in writing once the posting and mailing of the Notice to Employees has been completed.