Pay Equity Office v. Township of McGarry, 2011 CanLII 43550

Pay Equity Office v. Township of McGarry

2977-10-PE Pay Equity Office, Applicant v. Township of McGarry, Responding Party.

3421-10-PE Township of McGarry, Applicant v. Karine Pelletier and employees not represented by a Bargaining Agent, Responding Parties.

BEFORE: Mary Anne McKellar, Vice-Chair, Paul LeMay and Pauline R. Seville, Members.

APPEARANCES: Lauri A. Reesor, Paul Schwartzman and Gary Cunnington appeared on behalf of the Township of McGarry; No one appeared on behalf of the responding parties employees.

DECISION OF THE TRIBUNAL: July 15, 2011

Introduction

1These are applications under the Pay Equity Act, R.S.O. 1990, c. P.7 as amended ("the Act"). Both relate to the Order of a Review Officer dated July 21, 2010 ("the Order").

2Tribunal File No. 3421-10-PE is an application by the Township of McGarry ("the Township"), pursuant to section 24(6) of the Act, objecting to the merits of the Order.

3Tribunal File No. 2977-10-PE is an application by the Pay Equity Office, pursuant to section 24(5) of the Act, alleging that the Township has not complied with the Order. In accordance with the Tribunal's usual practice, the Office's application was held in abeyance pending the outcome of the Township's application.

The Hearing

4The Township's application objecting to the merits of the Order proceeded to hearing on May 20, 2011. It was unopposed. Although Karine Pelletier, who is an employee of the Township, and whose complaint to the Pay Equity Commission set in motion the chain of events that culminated in the issuance of the Order, filed a response to the Township's application and attended the hearing, she resolved her issues with the Township and withdrew from the proceeding prior to our entertaining any submissions or evidence with respect to the application.

5We directed that the evidence in support of the Township's application be furnished by affidavit, and the affidavit of Gary Cunnington, the Township's Clerk Treasurer was filed on July 8, 2011. Although we had specifically reserved the right to convene a conference call for the purpose of questioning the affiant with respect to the contents of his affidavit, we do not find that it is necessary to do so in the circumstances, and are satisfied that we can dispose of this matter on the basis of the information already before us.

The Decision

6Having reviewed Mr. Cunnington's affidavit and the exhibits appended thereto, we do not find that the Township failed to maintain pay equity at any time prior to April 28, 2008. We further find that the circumstances in the establishment warranted the preparation of the 2008 plan, whether on account of changed circumstances or as a maintenance measure, and that the 2008 plan should be maintained hereafter. Finally, we find that the values assigned to the job classes in the establishment pursuant to the evaluations of the joint job evaluation committee were reasonable and there is no basis for interfering with them. It follows that the Order must be rescinded.

7The Order is rescinded.

8The application in Tribunal File No. 2977-10-PE is now moot and is therefore terminated.