Pay Equity Hearings Tribunal
3419-07-PE Ontario Public Service Employees Union, Applicant v. Pioneer Youth Services (Toronto) Inc., Respondent.
BEFORE: Mary Anne McKellar, Vice-Chair, Pauline R. Seville and Margaret Kvetan, Members.
CITE AS: Pioneer Youth Services (Toronto) Inc. 3419-07-PE (November 18, 2009) (P.E.H.T.)
DECISION OF THE TRIBUNAL: November 18, 2009
This is a file in which the applicant ("OPSEU") seeks to recover on behalf of its members amounts owing to them by their former employer (the responding party "Pioneer") in respect of pay equity adjustments required by the Pay Equity Act, R.S.O. 1990, c. P.7 ("the Act"). A Review Officer determined that adjustments (on a per-hour basis) were owing to two female job classes dating back to January 1, 1994, and determined the rate of adjustment for each of those job classes. In other words, the Review Officer determined the formula or equation to be applied to the calculation of the retroactive pay owing to the employees in the bargaining unit. The Review Officer then issued an Order directing OPSEU and Pioneer to do certain things jointly to complete the implementation of pay equity.
OPSEU filed this application with the Tribunal alleging that Pioneer had not complied with the Order, and we have already found this to be the case and so ruled. We did so orally after hearing evidence at a hearing which Pioneer did not attend, despite having received notice of it. These matters are canvassed in our earlier decision dated July 17, 2008.
As we noted in our decision dated September 17, 2008, OPSEU advised the Tribunal that it could not tell us precisely what Pioneer's total liability to the bargaining unit employees in the two female job classes is, nor can it tell us how much is owed to each individual employee (or former employee) in those job classes. In that same decision we directed OPSEU to take the following steps to obtain the information required for making the calculations of liability:
In accordance with the Tribunal's Rules and its practice, OPSEU should contact the Registrar to obtain a signed summons to witness and to set a hearing date convenient to it. OPSEU must complete the summons (including specifying the documents it wishes Mr. Hensel to bring with him to the hearing), and serve it personally on Mr. Hensel within the time limits specified by the Tribunal's Rules, along with the appropriate conduct money, and file an affidavit of service. If Mr. Hensel does not then appear at the hearing, OPSEU may initiate steps to have a bench warrant issue.
When we had had no further communication from OPSEU by April 29, 2009, we issued the following decision:
Further to Paragraph 7 of our decision dated September 17, 2008, the applicant has not yet contacted the Registrar to obtain a hearing date in this matter. In these circumstances, we have determined that it is appropriate to adjourn this matter sine die until November 1, 2009. Unless either party seeks to proceed with this matter on or before that date, it will be deemed terminated without further notice to the parties.
By letter dated October 23, 2009, OPSEU has provided us with additional information. The Affidavit of Ann Wallace sets out the means by which she has now calculated Pioneer's pay equity liability for eleven of its former employees, and copies of her calculations are attached. OPSEU has not indicated what it would like us to do with this information, and it has not given any indication of whether, in its view, proceedings with respect to this file are essentially complete. It is also not clear if any attempt has been made to deliver a copy of the October 23, 2009 correspondence to Pioneer. Such attempt must be made and the Registrar advised of the steps taken.
The Affidavit sets out that Pioneer's liability under the Act to each of the eleven identified individuals is as follows:
Carolann Clarke $10,988.80
Andrea Hawkins $14,813.76
Nosheen Khan $6,302.40
Christina Dorcette $17,201.80
Medolyn Calguhoun $19,303.13
Joy Carly-Brown $6,302.40
Rosy Jabbour $3,344.64
Laura Hughson $11,219.52
Summer Grimes $4,201.60
Michelle Ann DeFazio $19,303.13
Dennis Barham $1,672.32
- Unless either party writes to the Tribunal on or before December 3, 2009 setting out why we should not do so, we intend to issue a final decision in this matter varying the Review Officer's order to reflect that the individuals identified in the preceding paragraph are owed the amounts indicated and directing Pioneer to pay them those amounts within 30 days.
Dated at Toronto this 18th day of November, 2009.
"Mary Anne McKellar"______
Mary Anne McKellar
"Pauline R. Seville"__________
Pauline R. Seville
"Margaret Kvetan"___________
Margaret Kvetan