Maitland Manor Health Care Centre v. Mattuci, 2011 CanLII 2959

Pay Equity Hearings Tribunal

File No.: 2783-09-PE

Maitland Manor Health Care Centre, Applicant v. Rick Mattuci, Lori Stephens, Denise Lockie, Natalie Miltenburg, Amanda Beddow, Becky Jarvis, Angela Leggatt, Beth Sorensen, Crystal Agombar, Karen Eckenswiller, Joan McDougall, Respondents v. Pay Equity Office, Intervenor.

Before: Patrick Kelly, Vice-Chair, Paul LeMay and Pauline R. Seville, Members.

Decision of the Tribunal: January 27, 2011

Decision

1It has recently come to the attention of the Tribunal that Joan McDougall delivered a response to the applicant on March 15, 2010 but apparently did not file her response with the Tribunal. Subject to any objection that any party may wish to raise, the style of cause is hereby amended to add Ms. McDougall as a respondent in this matter.

2This matter was scheduled for hearing on February 3 and 4, 2011. Counsel for the applicant has written to the Board advising that the applicant and the Pay Equity Office have agreed that the Tribunal ought to establish a Pre-Hearing Conference on February 3, 2011 to deal with a number of preliminary matters that have arisen between the applicant and the Pay Equity Office, and cancel the February 4, 2011 hearing date.

3We are agreeable to the substance of the proposal of the two parties, with the following caveat. A Pre-Hearing Conference is generally constituted under a single Vice-Chair, and, among other objectives, it is intended to facilitate settlement. It also has a case-management function. It is not a hearing, and a Vice-Chair conducting a Pre-Hearing Conference is not empowered to make binding decisions. That must be left to a properly constituted panel of the Tribunal.

4Accordingly, the hearing date of February 3, 2011 shall be maintained before a hearing panel for the purpose of dealing with, and if necessary making decisions regarding, the preliminary issues identified in counsel for the applicant’s correspondence. The hearing on February 4, 2011 is hereby cancelled.