PAY EQUITY HEARINGS TRIBUNAL
1873-09-PE Lynn Hudson, Applicant v. Hamilton Police Association, Respondent.
BEFORE: Mary Anne McKellar, Vice-Chair, Catherine Bickley and Margaret Kvetan, Members.
DECISION OF THE TRIBUNAL: February 3, 2010
This is an application under the Pay Equity Act (“the Act”), in which the applicant complains of a Review Officer’s failure to make an order against the responding party employer (“the Association”).
The Association seeks to have the Tribunal dismiss the application without further inquiry on the basis that it does not state a prima facie case for relief under the Act.
In assessing whether an application is susceptible of dismissal for failure to state a prima facie case, the Tribunal has regard only to the facts set out by the applicant. It is assumed that those facts are true and can be proven. The applicant is susceptible of dismissal on a prima facie basis only in circumstances where the Tribunal concludes that there is no reasonable likelihood that those facts could result in its ordering some relief under the Act. The Tribunal has no regard for the facts asserted by the responding party in assessing whether an application pleads a prima facie case.
We understand the applicant in this case to be complaining about two things: (1) how her job was evaluated; and (2) how the male wage line was drawn. She has made some factual assertions in respect of each issue. Assuming they can be proven, in our view, this is not an appropriate case to dismiss on a prima facie basis. The final outcome of this case of course will depend in large part on whether those assertions (or the assertions made by the Association) are in fact proven, but a hearing on the merits is necessary to determine those matters.
The request for early dismissal is dismissed. The hearing into the merits will proceed as scheduled on February 24, 2010.
Dated at Toronto this 3rd day of February, 2010.
“Mary Anne McKellar”
Mary Anne McKellar, Vice-Chair
“Catherine Bickley”
Catherine Bickley, Member
“Margaret Kvetan”
Margaret Kvetan, Member