Pay Equity Hearings Tribunal
File No.: 2783-09-PE Maitland Manor Health Care Centre, Applicant v. A Confidential Employee, Respondent.
Before: Diane L. Gee, Chair, Catherine Bickley and Margaret Kvetan, Members.
Decision of the Tribunal: January 22, 2010
Decision
1On November 12, 2009, a Review Officer of the Pay Equity Commission issued an Order in which it was determined that the 1995 Pay Equity Plan of Maitland Manor Health Care Centre (the “Employer”) did not comply with the requirements of the Pay Equity Act (the “Act”). The Employer was directed to follow a series of steps in order to develop and implement a pay equity plan for its non-union employees. The Employer has filed an application with the Pay Equity Hearings Tribunal (the “Tribunal”) seeking to have the Order set aside and have the Tribunal determine if the Employer has implemented a valid pay equity plan for its non-union employees.
2The Employer’s application has the potential to reverse the Review Officer’s Order requiring the Employer to develop and implement a new pay equity plan. The outcome of the application may affect past and present employees of the Employer. Past and present employees of the Employer who may be affected by the outcome of the Employer’s application are referred to in this Decision as the “affected employees”. These employees are entitled to be given notice of the Employer’s application and the opportunity to participate in any proceedings arising out of the application should they wish to do so.
3Section 29(1) of the Act gives the Tribunal the power to require any person seeking a determination under the Act to give written notice, in such form and manner as the Tribunal specifies, to persons that the Tribunal specifies.
4As a result, the Employer is hereby directed, within 15 calendar days of receipt of this Decision, to post a copy of the enclosed Notice of Application to Employees, its Application and this Decision in the work place in such place(s) where they are likely to come to the attention of any affected employees presently employed by the Employer. The Employer is further directed to mail a copy of the enclosed Notice of Application to Employees to the last known address of each of the affected employees who are no longer employed by the Employer. The Employer is directed to advise the Tribunal in writing once the posting and mailing of the Notice of Application to Employees has been completed.
5A copy of this Decision is also being delivered to the Pay Equity Office. The Pay Equity Office is directed to:
- mail a copy of the application, the Notice of Application to Employees and this Decision to the address that it has on file for the confidential employee;
- mail a copy of any responses to the application that are delivered to it as a result of this Decision to the address that it has on file for the confidential employee; and
- notify the Tribunal in writing when it has done so.
Dated at Toronto this 22nd day of January, 2010. .
“Diane L. Gee”______ Diane L. Gee, Chair
“Catherine Bickley” Catherine Bickley, Member
“Margaret Kvetan”___________ Margaret Kvetan, Member
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