Three Trilliums Community Place Inc. v. Pay Equity Office, 2011 CanLII 3702

Notice of Application

File No. / Numéro de dossier : 3569-10-PE

NOTICE OF APPLICATION

TO EMPLOYEES OF THREE TRILLIUMS COMMUNITY PLACE INC.

Three Trillium Community Place Inc. has filed an application with the Pay Equity Hearings Tribunal under section 24(6) of the Pay Equity 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.

The employer’s application has been assigned Tribunal File No. 3569-10-PE.

You may be affected by the outcome of this application and as such you may have the right to participate.

The Tribunal has directed Three Trillium Community Place Inc. to post a copy of the Application (Form 1), the Decision of the Tribunal dated February 1, 2011 and this Notice to Employees in the workplace in location(s) where they are most likely to come to the attention of employees. If you obtained a copy of this Notice to Employees and do not have a copy of the Application or the Tribunal’s Decision, you can obtain one by calling the Tribunal at 416-326-7500 or Toll Free at 1-877-339-3335.

In the event that this matter proceeds to a hearing, to participate as an individual or as a group, you must have completed the following steps:

1. Complete a Response (Form 2) explaining your position. The Tribunal's Rules and Information Bulletins will help you to understand what information you need to provide in your Response. The Response form is available from the Tribunal’s website under Forms & Rules - Pay Equity Hearings Tribunal (http://www.olrb.gov.on.ca/pec/PEHT/forms/peht_form02_e.doc). The Tribunal’s website also provides guidelines as to how to proceed and remain anonymous: www.olrb.gov.on.ca/pec/peht/info/peht_info03.html.

2. Serve your completed Response (Form 2) on the parties listed on the Schedule “A” attached to this Notice to Employees. Then complete a Statement of Service (Form 3) explaining how and when you delivered the Response form.

3. File a copy of your Response (Form 2) and the Statement of Service (Form 3) with the Tribunal by March 11, 2011.

4. If you file a Response (Form 2), you will be advised of any pre-hearing and hearing dates set by the Tribunal.

If you do not file a Response with the Tribunal by March 11, 2011 the Tribunal may proceed with this application without any further notice to you.

Diane L. Gee

Chair, Pay Equity Hearings Tribunal