Pay Equity Commission v. Inn 2 Stay Inc. cob as Holiday Inn Express, Toronto Airport Area, 2011 CanLII 27904

Pay Equity Hearings Tribunal

File No.: 0213-11-PE Date: May 17, 2011

Pay Equity Commission, Applicant v. Inn 2 Stay Inc. cob as Holiday Inn Express, Toronto Airport Area, Respondent.

Before: Diane L. Gee, Chair.

Decision of the Tribunal

1This is an application under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). The application was filed with the Tribunal on April 14, 2011. The Statement of Service accompanying the application indicates that it was served on the responding party employer (“the Employer”) by regular mail on April 14, 2011.

2The Pay Equity Office (“the Office”) asserts that the Employer has not complied with the Order issued by Review Officer Rene O’Brien on September 30, 2010 (“the Order”).

3The Office seeks to have the Tribunal find that the Employer has not complied with the Order, and further asks the Tribunal to make orders against the Employer as set out in Part D of the application entitled “Remedy”.

4The Employer has not filed a response to this application. Its time for doing so under the Tribunal’s Rules of Practice has expired.

5Pursuant to section 24(5.3) of the Act, the Employer bears the onus of establishing that it has complied with the Order.

6The 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 making the orders as sought by the applicant in Part D of the application. Those submissions must be delivered to the Pay Equity Commission and filed with the Tribunal within 10 days of the date of this decision.