Pay Equity Office v. Touchstone Youth Centre, 2011 CanLII 54877

1PEHT File No. 0132-11-PE is a referral by the Pay Equity Office (the “Office”) pursuant to section 25(5) of the Pay Equity Act, R.S.O. 1990, Chapter P.7 (the “Act”) that was filed with the Tribunal on April 12, 2011. A response has been filed by Touchstone Youth Centre (“TYC”).

2TYC indicates in its response that it challenges the merits of the Order which is the subject of the referral. Pursuant to section 25(5.2) of the Act the Tribunal is not permitted to consider the merits of an Order when dealing with a referral made by the Office pursuant to section 25(5) of the Act. Accordingly, the Tribunal hereby deems the response filed by TYC in PEHT File No. 0132-11-PE to be an application by TYC pursuant to section 25(6) of the Act. TYC’s application has been assigned PEHT File No. 1443-11-PE.

3The Township disputes the merits of an Order issued by a Review Officer on October 18, 2010 and asks the Tribunal to dismiss the referral, or, in the alternative, hold the referral in abeyance in order to facilitate TYC’s ongoing efforts to comply with the Act. TYC is hereby directed to:

• post a copy of its Response in File 0132-11-PE with the file number crossed out and 1443-11-PE clearly written in, this decision and a copy of the enclosed Notice of Application to Employees in the workplace in locations where these documents will come to the attention of employees who may be affected by the application;

• mail a copy of its Response in File 0132-11-PE with the file number crossed out and 1443-11-PE clearly written in, the Notice of Application to Employees and this decision to all of the employees who are no longer employed at TYC 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.

4Anyone who receives a copy of the application under subsection 25(6) of the Act 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.