Pay Equity Hearings Tribunal
2691-08-PE 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 and Catherine Bickley, Members.
DECISION OF THE TRIBUNAL: January 27, 2009
Decision
[1]. This 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 (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”).
[2]. The Tribunal hereby directs the Crown to deliver to OPSEU and file with the Tribunal any further submissions that it wishes to make in respect of the jurisdictional issue no later than ten (10) days from the date of this decision. OPSEU is hereby directed to deliver to the Crown and file with the Tribunal any submissions that it wishes to make in response to the Crown’s submissions no later than ten (10) days from the date it receives the Crown’s submissions. The Crown is directed to deliver to OPSEU and file with the Tribunal any reply submissions that it wishes to make no later than five (5) days from the date it receives OPSEU’s response submissions.
[3]. Should 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.
Dated at Toronto this 27th day of January, 2009.
“Diane L. Gee”
Diane L. Gee, Chair
“Margaret Kvetan”
Margaret Kvetan, Member
“Catherine Bickley”
Catherine Bickley, Member