Pay Equity Hearings Tribunal
3569-10-PE Three Trilliums Community Place Inc., Applicant v. A Confidential Employee and Employees of the Employer not represented by a bargaining unit agent, Responding Parties.
BEFORE: Diane L. Gee, Chair.
DECISION OF THE TRIBUNAL: February 1, 2011
Decision
Three Trillium Community Place Inc. has filed an application with the Pay Equity Hearings Tribunal under section 24(6) of the Pay Equity Act, R.S.O. 1990, Chapter P.7 (the “Act”) in which it asks that two Orders issued by a Review Officer of the Pay Equity Commission on November 28, 2003 and November 5, 2010 be revoked or, in the alternative, varied. In the November 28, 2003 Order the employer was found to be a seeking employer for the purpose of using the proxy method of comparison in accordance with the requirements of Part III.2 of the Act. In the November 5, 2010 Order the employer was found to have failed to implement a pay equity plan. The employer argues that it is not a public sector employer within the meaning of the Act and is not subject to Part III.2 of the Act.
Three Trillium Community Place Inc. is hereby directed to:
post a copy of the two Orders, the Application, this decision and a copy of the enclosed Notice of Application to Employees in the workplace in locations where it will come to the attention of employees who may be affected by the application;
mail a copy of the two Orders, the Application, the Notice of Application to Employees and this decision to all of the employees who are no longer employed at Three Trillium Community Place Inc. 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.
- A copy of this Application is hereby also being delivered to the Pay Equity Office. The Pay Equity Office is directed to:
mail a copy of the two Orders, the Application, the Notice of Application to Employees and this decision to the address that it has on file for the confidential employee;
mail a copy of any responses to the application that are delivered to it as a result of this Decision to the address that it has on file for the confidential employee; and
notify the Tribunal in writing when it has done so.
- Anyone 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