Pay Equity Office v. Township of McGarry
2977-10-PE Pay Equity Office, Applicant v. Township of McGarry, Responding Party.
3421-10-PE Township of McGarry, Applicant v. Karine Pelletier and employees not represented by a Bargaining Agent, Responding Parties.
BEFORE: Diane L. Gee, Chair.
DECISION OF THE TRIBUNAL: January 17, 2011
[1]. File No. 2977-10-PE is a referral by the Pay Equity Office (the “Office”) pursuant to section 25(5) of the Pay Equity Act, R.S.O. 1990, Chapter P.7 (the “Act”) that was filed with the Tribunal on December 8, 2010. Responses have been filed by The Township of McGarry (the “Township”) and Karine Pelletier.
[2]. The Township indicates in its response that it challenges the merits of the Order. Pursuant to section 25(5.2) of the Act the Tribunal is not permitted to consider the merits of an Order when dealing with a referral made by the Office pursuant to section 25(5) of the Act. Accordingly, the Tribunal hereby deems the response filed by the Township in PEHT File No. 2977-10-PE to be an application by the Township pursuant to section 25(6) of the Act. The Township’s application has been assigned PEHT File No. 3421‑10‑PE. The response filed by Ms. Pelletier in File No. 2977-10-PE is deemed to be a response filed in 3421‑10‑PE.
[3]. The Township disputes the merits of an Order issued by a Review Officer on July 21, 2010 and asks the Tribunal to find that there are no pay equity adjustments owing. The Township is hereby directed to:
post a copy of its Response in File 2977-10-PE with the file number crossed out and 3421‑10‑PE clearly written in, this decision and a copy of the enclosed Notice of Application to Employees in the workplace in locations where these documents will come to the attention of employees who may be affected by the application;
mail a copy of its Response in File 2977-10-PE with the file number crossed out and 3421‑10‑PE clearly written in, the Notice of Application to Employees and this decision to all of the employees who are no longer employed at The Township who may be affected by the application at their last known mailing address;
comply with the foregoing directions within 15 days of the date of this decision; and
inform the Tribunal in writing when all of the foregoing directions have been complied with.
[4]. Anyone, other than Ms. Pelletier who has already filed her response, who receives a copy of this application who wishes to participate in any proceedings that may take place is hereby directed to follow the directions as set out in the attached Notice of Application to Employees.
“Diane L. Gee”
Diane L. Gee, Chair