Regional Nursing Services v. Marion Pike, Catharine Vello Kouklenko, and Debbie Hibbert, 2010 CanLII 56850

1This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended (“the Act”) concerning a 2008 Order of a Review Officer.

2By decision dated June 14, 2010, and at the request of the applicant employer, the Tribunal (differently constituted) directed the filing of written submissions with respect to the extent to which the applicant’s calculations of its pay equity liability satisfies the Act. The applicant filed its submissions, together with a report of its accountant. The applicant maintains that the calculations set out in the accountant’s report satisfy the Act. Responding party Debbie Hibbert disagrees. She maintains that the Review Officer’s Order should be maintained.

3Having reviewed all the submissions and materials, we are not satisfied that the issues in this matter can be determined without a full oral hearing. In particular, we do not understand the applicant’s submission that the wage payments it contends it has made since 1994 satisfy the Act in light of the accountant’s statement that there appears to be no proxy pay equity plan in existence for this workplace (although a draft plan was partially developed in 2002). In any event, there appears to be a material dispute of fact between Ms. Hibbert and the applicant as to whether the calculations prepared by the applicant’s accountant in respect of pay equity adjustments owing to her comply with the Act. We cannot resolve that issue on the basis of written submissions.

4The Registrar is directed to schedule this matter for a hearing.