Pay Equity Hearings Tribunal
Saydat Hospitality Inc. operating as Comfort Inn Motel (Welland), Applicant v. Beverly Pottle and 2059419 Ontario Inc. Respondents.
BEFORE: Diane L. Gee, Chair, Catherine Bickley and Margaret Kvetan, Members.
DECISION OF THE TRIBUNAL: September 23, 2009
Decision
1This is an application filed by Saydat Hospitality Inc., operating as Comfort Inn Motel (Welland) (“Saydat”) asking for an Order from the Pay Equity Hearings Tribunal (the “Tribunal”) varying an Order issued by a Review Officer on March 27, 2008 so as to provide that the Order is as against 2059419 Ontario Inc. (formerly operating as Comfort Inn Motel (Welland) and not against Saydat. For ease of reference this Order is referred to in the remainder of this decision as the “Review Officer’s Order”. The Review Officer’s Order finds that the decision of Comfort Inn Motel, Welland, Ontario to terminate Ms. Pottle’s employment was tainted by anti-pay equity animus. “Comfort Inn Motel, Welland, Ontario” is, amongst other things, ordered to pay Ms. Pottle damages.
2When this application was originally filed, 2059419 Ontario Inc. was not named as a responding party. Saydat requested leave to amend the application so as to name 2059419 Ontario Inc. as a responding party on April 29, 2009. On June 30, 2009 the Tribunal granted Saydat’s request to add 2059419 Ontario Inc. as a responding party and directed 2059419 Ontario Inc. to file its response to the application within 15 days. To date, no response to the application has been filed by 2059419 Ontario Inc.
3On August 18, 2009, the parties were advised that the Tribunal would proceed to deal with the application by way of a written hearing. The parties were directed to file any submissions that they wished the Tribunal to consider no later than September 8, 2009. As of the date of this decision, the Tribunal has received submissions from Saydat and Beverly Pottle. No submissions have been received from 2059419 Ontario Inc.
4According to the submissions filed by Saydat, the respondent, Beverly Pottle, was terminated from her employment with 2059419 Ontario Inc. on September 21, 2007. Saydat purchased the business and assets of 2059419 Ontario Inc. in a transaction that closed on March 19, 2008. Saydat never employed Ms. Pottle. In her submissions, Ms. Pottle does not dispute Saydat’s assertions and reiterates her agreement that the Review Officer’s Order be varied as requested by Saydat.
5Having regard to the submissions filed, the Tribunal finds that the Review Officer’s Order issued on March 27, 2008 in which the Review Officer found that the decision of Comfort Inn Motel, Welland, Ontario to terminate Ms. Pottle’s employment was tainted by anti-pay equity animus and directed the payment of damages to Ms. Pottle ought to have been made as against 2059419 Ontario Inc. Accordingly, the Tribunal hereby varies the Order so as to provide that the Order is as against 2059419 Ontario Inc. (formerly operating as Comfort Inn Motel (Welland). For the sake of clarity, the Tribunal further states that the Review Officer’s Order is not made as against Saydat Hospitality Inc., operating as Comfort Inn Motel (Welland).
Dated at Toronto this 23rd day of September, 2009.
“Diane L. Gee”______
Diane L. Gee, Chair
“Catherine Bickley”
Catherine Bickley, Member
“Margaret Kvetan”___________
Margaret Kvetan, Member
2