Ontario Public Service Employees Union v. Pioneer Youth Services (Toronto) Inc., 2009 CanLII 71699

Pay Equity Hearings Tribunal

File No.: 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 21, 2009) (P.E.H.T.)

Decision of the Tribunal: December 21, 2009

Decision

1We issued a decision in this matter dated December 18, 2009 in which we directed the responding party (“Pioneer”) to pay specified amounts to each of 11 of its former employees in respect of pay equity adjustments owing.

2Our decision failed to take account of affidavit evidence furnished by the applicant (“OPSEU”) under cover of a letter dated December 2, 2009, which identified a twelfth employee, Michelle Ramsay, to whom OPSEU calculated that pay equity adjustments in the amount of $19,303.13 are owing. We are satisfied that the affidavit provides the best evidence of the pay equity adjustments owing to Ms. Ramsay, and we are satisfied, based on the other documentation filed by OPSEU along with its letter of December 2, 2009, that Pioneer had notice of the amount of the adjustment claimed to be owing to Ms. Ramsay.

3The 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 Michelle Ramsay is $19,303.13. Pioneer is directed to comply with that Order by paying $19,303.13 to OPSEU in trust for Ms. Ramsay by no later than 30 days after December 18, 2009, failing which any unpaid portion shall attract post-judgment interest in accordance with the Courts of Justice Act.