Norwood Nursing Home v. Michalik, 2011 CanLII 1124

Norwood Nursing Home v. Michalik

2016-10-PE Norwood Nursing Home, Applicant v. Barbara Michalik, Meseret Manyahelal, Service Employees International Union, Local 1, Responding Parties v. Pay Equity Office, Intervenor.

BEFORE: Diane L. Gee, Chair.

DECISION OF THE TRIBUNAL: January 17, 2011

1This matter is an application filed by Norwood Nursing Home (“Norwood”) pursuant to section 24(6) of the Pay Equity Act, R.S.O. 1990, Chapter P.7 (the “Act”). The Pay Equity Office has filed a Notice of Motion in which it seeks to be granted standing to intervene. Further, by way of letter dated January 14, 2010 Mary Cornish has advised that she has been retained to represent the Service Employees International Union Local 1 (the “SEIU”) as well as Myria Lilagan and Eva Bailon, two Norwood employees. Ms. Cornish advises that she anticipates receiving instructions to represent other “affected employees” next week.

2Given that the SEIU was not given notice of the application when originally filed, the Tribunal hereby extends the time for the filing of a response by the SEIU to January 28, 2011. Responses by affected employees were to be filed, as set out in the Notice to Employees, by December 1, 2010. Accordingly, the deadline for the filing of responses by affected employees has now passed. Given that allowing additional affected employees to file a response will not delay this matter, the affected employees are hereby given an extension of time for the filing of a response to January 28, 2011.

3The Registrar of the Tribunal is hereby directed to provide to counsel for the SEIU a copy of Norwood’s application as well as a copy of the responses filed in this matter by Barbara Michalik and Meseret Manyahelal. The SEIU is advised that no other responses have been filed in this matter to date.

4Norwood and the Pay Equity Office are hereby directed to provide to counsel for the SEIU no later than January 24, 2011 a copy of all communications, including email communications, they have made to the Tribunal in respect of this matter.

5All parties (with the exception of Norwood who has already done so) are hereby directed to deliver to the other parties and file with the Tribunal, any submissions that they would like to make to the Tribunal in response to the Motion brought by the Pay Equity Office to be granted standing to intervene. Such submissions are to be delivered and filed with the Tribunal no later than February 8, 2011. The Pay Equity Office will have until February 15, 2011 to deliver to the other parties and file with the Tribunal any further reply submissions that it would like to make.

6In the event any party objects to the SEIU’s standing as a responding party in this matter they are hereby directed to deliver to the other parties and file with the Tribunal submissions setting out the reasons for their objection. Such submissions are to be delivered and filed with the Tribunal no later than February 8, 2011. The SEIU will have until February 15, 2011 to deliver to the other parties and file with the Tribunal any submissions that it would like to make in response.

7As a result of the foregoing, the pre-hearing consultation scheduled for January 28, 2011 is hereby cancelled. A further pre-hearing consultation date will be set after the Pay Equity Office’s motion to intervene has been determined.