Pay Equity Hearings Tribunal
0463-10-PE Pay Equity Commission, Applicant v. Contact Creative Services Inc., Respondent.
BEFORE: Mary Anne McKellar, Vice-Chair, Catherine Bickley and Margaret Kvetan, Members.
DECISION OF THE TRIBUNAL: July 19, 2010
This is an application under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). It relates to the Order of Review Officer Beverly Dalys dated March 24, 2010 (“the Order”). The Order issued against the responding party (“the Employer”)
By decision dated June 30, 2010, we noted that the Employer had failed to file any response to this application, despite bearing the onus under the Act for establishing that it had complied with the Order. We then issued a direction to the Employer in Paragraph 6 of our June 30th decision:
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.
The Employer has failed to file any submissions.
We find that the Employer has not complied with the Order.
The Employer is directed to pay the following amounts to the individuals identified below by no later than August 13, 2010 by sending a cheque to each of them at his/her address set out on Appendix “A” to the cover letter to this decision:
Kelly Errington $108.41
Carolyn Webber $36, 673.11
Mary Lyle $24, 584.36
Connie Anderson $17, 997.39
- The Tribunal has returned mail for several other individuals in respect of whom the Order directed the Employer to pay specified amounts. We find that those amounts were not paid, and we direct the Employer to do so by no later than 30 days after the Pay Equity Office provides it with their current addresses. Those individuals and the amounts we direct the Employer to pay to each of them are as follows:
Steve Long $30, 256.87
Tracy Toniolo $2, 705.95
Hanna Ibson $9, 673.76
- The Pay Equity Office is directed to copy the Registrar on any correspondence it sends to the Employer advising of current addresses for the individuals named in the preceding paragraph.
Dated at Toronto this 19th day of July, 2010.
“Mary Anne McKellar”
Mary Anne McKellar, Vice-Chair
“Catherine Bickley”
Catherine Bickley, Member
“Margaret Kvetan”
Margaret Kvetan, Member