Pay Equity Hearings Tribunal
2016-10-PE Norwood Nursing Home, Applicant v. Confidential Employees, Respondents.
BEFORE: Diane L. Gee, Chair.
DECISION OF THE TRIBUNAL: October 15, 2010
On July 16, 2010, a Review Officer of the Pay Equity Commission issued an Order in which it was determined that Norwood Nursing Home (the “Employer”) is in contravention of the Pay Equity Act, R.S.O. 1990, Chapter P.7 (the “Act”) and must prepare and post a proxy pay equity plan effective January 1, 1994. The Employer has filed an application with the Pay Equity Hearings Tribunal (the “Tribunal”) seeking to have the Order set aside.
The 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.
Section 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 at the Tribunal specifies, to persons that the Tribunal specifies.
As a result, the Employer is hereby directed, within fifteen (15) calendar days of receipt of this decision, to post a copy of the enclosed Notice to Employees, its Application, the Order 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 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 to Employees has been completed.
The Pay Equity Office is hereby directed, within fifteen (15) calendar days of receipt of this decision, to mail a copy of the Application, Order, Notice to Employees and this Decision to any confidential employee in respect of which this matter relates, and to advise the Pay Equity Hearings Tribunal as to whether or not such has been done.
Dated at Toronto this 15^th^ day of October, 2010.
“Diane L. Gee”
Diane L. Gee, Chair
File No. / Numéro de dossier : 2016-10-PE
NOTICE OF APPLICATION
TO EMPLOYEES OF NORWOOD NURSING HOME
An application has been filed with the Pay Equity Hearings Tribunal (the “Tribunal”) by Norwood Nursing Home (the “Employer”). On July 16, 2010, a Review Officer of the Pay Equity Commission issued an Order in which it was determined that the Employer’s 2003 Pay Equity Plan did not comply with the requirements of the Pay Equity Act. The Employer was directed to follow a series of steps in order to develop and implement a new pay equity plan. The Employer, by way of the application that it has filed with the Tribunal, seeks to have the Order set aside and have the Tribunal determine if the Employer has implemented a valid pay equity plan.
You may be affected by the outcome of this application and as such you may have the right to participate.
The Tribunal has directed the Employer to post a copy of the Application (Form 1), the Decision of the Tribunal dated October 15, 2010, a copy of the Order and this Notice to Employees in the workplace in location(s) where they are most likely to come to the attention of employees. If you obtained a copy of this Notice to Employees and do not have a copy of the Application, the Order or the Tribunal’s Decision, you can obtain one by calling the Tribunal at 416-326-7500 or Toll Free at 1-877-339-3335.
In the event that this matter proceeds to a hearing, to participate as an individual or as a group, you must have completed the following steps:
Complete a Response (Form 2) explaining your position. The Tribunal's Rules and Information Bulletins will help you to understand what information you need to provide in your Response. The Response form is available from the Tribunal’s website under Forms & Rules - Pay Equity Hearings Tribunal (www.labour.gov.on.ca/pec/peht/peht_forms.html). The Tribunal’s website also provides guidelines as to how to proceed and remain anonymous: www.labour.gov.on.ca/pec/peht/info/peht_info03.html.
Serve your completed Response (Form 2) on the parties listed on the Schedule “A” attached to this Notice to Employees. Then complete a Statement of Service (Form 3) explaining how and when you delivered the Response form.
File a copy of your Response (Form 2) and the Statement of Service (Form 3) with the Tribunal by December 1, 2010.
If you file a Response (Form 2), you will be advised of any pre-hearing and hearing dates set by the Tribunal.
If you do not file a Response with the Tribunal by December 1, 2010, the Tribunal may proceed with this application without any further notice to you.
Diane L. Gee
Chair, Pay Equity Hearings Tribunal
SCHEDULE "A"
Norwood Nursing Home 122 Tyndall Avenue Toronto, Ontario M6K 2E2 Attention: Ms. Carolyn Watson Tel. (416) 535 3011 Fax. (416) 535- 6439