Civic Association of Non-Union Employees at the City of Windsor and Laurie Parent v. The Corporation of the City of Windsor
File No.: 3829-10-PE Before: Diane L. Gee, Chair. Decision of the Tribunal: June 16, 2011
1By way of correspondence dated April 15, 2011, Ms. Parent objects to her Application for Review Services being combined with the application of Sandra Taziker. Ms. Parent states that she has never had the issue that she is raising dealt with at Review Services and her issue is separate and distinct from the issue raised by Ms. Taziker. It appears from Ms. Parent’s letter that her Application for Review Services is an objection to the Pay Equity Plan posted by the Employer on January 19, 2011 (the “2005 Plan”) that is the subject of Ms. Taziker’s objection and now the objection of 15 additional individuals, all of whom are represented by Civic Association of Non-Union Employees at the City of Windsor (“CANUE”).
2A Review Officer issued an order pursuant to section 16(2) of the Pay Equity Act (the “Act”) directing the Employer to post the 2005 Plan on November 8, 2010. Objections with respect to such a plan were permitted by way of section 16(4)3. Ms. Parent’s “Application for Review Services” is an objection to the 2005 Plan pursuant to section 16(4). Pursuant to section 17 of the Act, when the Commission receives a notice of objection under subsection 16(4) of the Act “the Hearings Tribunal shall hold a hearing, and, in its decision, shall settle the pay equity plan to which the objection relates.” Thus, all objections to the 2005 Plan, because it is a plan that was posted pursuant to section 16(4), are determined by the Tribunal and not by Review Services. Having such applications heard by the Tribunal is logical as otherwise Review Services would be reviewing a plan that it itself had ordered posted. Further, by having all objections heard by the Tribunal, the plan can be reviewed in respect of all objections at once and a determination reached that deals with all objections with knowledge of the manner in which other objections are being handled. Thus, Ms. Parent’s request that her application be referred back to Review Services is denied.
3By way of letter dated June 14, 2011, the Tribunal was advised that CANUE represents all individuals, with the exception of Laurie Parent, previously listed as applicants in this matter. Accordingly, the style of cause is hereby amended to name the applicants as is set out above. The contact information for counsel acting on behalf of CANUE, Laurie Parent and the Corporation of the City of Windsor is set out on Schedule A attached to this decision. All parties are reminded that they are required to deliver to the other parties in this matter a copy of any correspondence or document that they file with the Tribunal.
4CANUE has requested an extension of time in order to file an application with the Tribunal. CANUE indicates that it is engaged in discussions with the Employer and would like to exhaust those discussions prior to engaging in litigation. This approach is eminently reasonable and the Tribunal is inclined to grant CANUE an extension of time until September 30, 2011 in order to have such discussions.
5Given that the Tribunal is not aware of whether Ms. Parent is included in those discussions or her position in respect of CANUE’s request for an extension of time, Ms. Parent is hereby directed to advise the Tribunal within 15 calendar days of this decision as to whether she objects to the Tribunal granting CANUE an extension of time to September 30, 2011 in order to file its application and, if so, why.
“Diane L. Gee”
Diane L. Gee, Chair
SCHEDULE “A”
Counsel representing CANUE:
Sack, Goldblatt & Mitchell Barristers and Solicitors Box 180, Suite 1100 20 Dundas Street West Toronto, Ontario M5G 2G8 Attention: Cathy Lace
Counsel representing The Corporation of the City of Windsor:
The Corporation of the City of Windsor Office of the City Solicitor Legal Department 400 City Hall Square East Suite 201 Windsor, Ontario N9A 7K6 Attention: Mr. Patrick Brode Senior Legal Counsel
Laurie Parent’s Address:
Laurie L. Parent Barrister and Solicitor Laing & Parent LLP P. O. Box 33021 Windsor, Ontario N8Y 0A2