Pay Equity Hearings Tribunal
File No.: 0463-10-PE Applicant: Pay Equity Commission Respondent: Contact Creative Services Inc.
Before: Mary Anne McKellar, Vice-Chair, Catherine Bickley and Margaret Kvetan, Members.
Decision of the Tribunal: June 30, 2010
Decision
[1]. This is an application under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). The application was filed with the Tribunal on May 5, 2010. The Statement of Service accompanying the application indicates that it was served on the responding party employer (“the Employer”) by facsimile transmission on May 5, 2010, and that a copy was also sent to the Employer by regular mail on that date.
[2]. The Pay Equity Office (“the Office”) asserts that the Employer has not complied with the Order issued by Review Officer Beverly Dalys on March 24, 2010 (“the Order”). The Order directed the Employer to pay specified amounts to a number of individual employees on or before April 9, 2010.
[3]. The Office seeks to have the Tribunal find that the Employer has not complied with the Order, and direct the Employer to pay the amounts specified in the Order to the identified individuals.
[4]. The Employer has not filed a response to this application. Its time for doing so under the Tribunal’s Rules of Practice has expired.
[5]. Pursuant to section 24(5.3) of the Act, the Employer bears the onus of establishing that it has complied with the Order.
[6]. The Employer is directed to deliver and file written submissions setting out why, in the absence of any response by the Employer, the Tribunal should not issue a decision finding that the Employer has not complied with the Order and directing it to pay the amounts specified in the Order to the identified individuals forthwith. Those submissions must be delivered and filed by no later than July 14, 2010.
Dated at Toronto this 30th day of June, 2010.
“Mary Anne McKellar”
Mary Anne McKellar, Vice-Chair
“Catherine Bickley”
Catherine Bickley, Member
“Margaret Kvetan”
Margaret Kvetan, Member