Ontario Public Service Employees Union v. Pioneer Youth Services (Toronto) Inc., 2009 CanLII 71663

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 (December 18, 2009) (P.E.H.T.)

DECISION OF THE TRIBUNAL: December 18, 2009

1We have issued a number of decisions in this file. All of them have been issued ex parte as the respondent ("Pioneer") has never made any attempt to participate in this matter. Other than the Tribunal's confirmation of the filing of this application and its Notice of Hearing, all other documents sent to Pioneer have been returned to the Tribunal undelivered. At no time did Pioneer ever advise the Tribunal that its address had changed or that it wished documents to be delivered to it at a different address.

2We have already determined that Pioneer failed to comply with the Review Officer's Order dated January 3, 2008 which determined that Pioneer owed money in respect of retroactive pay equity adjustments accruing over several years to its former employees in the bargaining unit represented by the applicant ("OPSEU"), and provided a formula for determining how much money is owed to each employee.

3All of our previous decisions chronicle attempts by OPSEU to provide the Tribunal with information about the hours worked by the employees entitled to adjustments so that we could apply the formula and determine how much is owing. OPSEU was able to provide such information in respect of some of the employees entitled to adjustments. That information took the form of an Affidavit sworn by Ann Wallace. As a result of receiving that information, we issued a further decision in this matter on November 18, 2009. Paragraphs 6 and 7 of that decision read:

6. 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

7. 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.

4The Tribunal did not receive any timely objection to our issuing the decision and directions contemplated in Paragraph 7 of our November 18, 2009 decision. By letter dated December 4, 2009, however, OPSEU has forwarded to the Tribunal a copy of correspondence dated December 1, 2009 that it received from Paul Hensel a principal of Pioneer. In its entirety, this letter reads as follows:

This is in response to your letter of November 26, 2009, which was hand delivered to my

home on Friday, November 27, 2009 at 7:00 p.m.

First of all, I did not receive the Tribunal's decision of November 18, 2009 and therefore,

I cannot comment on it.

Secondly, we have not had a chance to look over Ms. Wallace's calculations to show how

she arrived at those numbers that she claims Pioneer owes the employees.

Thirdly, since I have not been actively involved in the day to day operation of Pioneer

since April 2006, I do not recognize the individuals on Ms. Wallace's list.

Based on the above reasons, I object to the Tribunal issuing a final decision in this matter.

If you need any further information, or have additional questions, please do not hesitate

to contact me.

For your convenience, I have included my e-mail address at the top of this letter.

5While Mr. Hensel objects to our issuing a final decision in this matter as contemplated in Paragraph 7 of the November 18, 2009, he has not provided any alternative basis on which we might calculate the monies which we know to be owing to the employees listed in Paragraph 6 of the November 18, 2009 decision. Indeed, he does not even assert that the amounts set out as owing are not accurate, merely that he is not in a position to verify their accuracy. In these circumstances, and despite his objection, it is our view that the Affidavit of Ann Wallace provides the best evidence of the pay equity adjustments owing.

6The Review Officer's Order dated January 3, 2008 is hereby varied to provide that Pioneer's liability in respect of pay equity adjustments owing to eleven of its former employees is as set out below:

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

7Pioneer has not complied with the Order. It is hereby directed to do so by paying the amounts indicated in the preceding paragraph to OPSEU in trust for the named individuals by no later than 30 days from the date of this decision, failing which any unpaid amounts shall attract post-judgment interest calculated in accordance with the Courts of Justice Act.