Sandra Kahu v. Walder & McSweeney Contracting Ltd., 2011 CanLII 76767

Pay Equity Hearings Tribunal

2235-11-PE Sandra Kahu, Applicant v. Walder & McSweeney Contracting Ltd., Responding Party.

BEFORE: Diane L. Gee, Chair.

DECISION OF THE TRIBUNAL: November 29, 2011

1By way of decision dated November 15, 2011, Ms. Kahu was directed to file with the Pay Equity Hearings Tribunal a copy of the Notice of Decision issued by a Review Officer of the Pay Equity Office relating to her application. Ms. Kahu has now filed a number of documents with the Pay Equity Hearings Tribunal; however, none of them are a Notice of Decision issued by a Review Officer of the Pay Equity Office.

2There are many different tribunals in the Province of Ontario. From the documents that Ms. Kahu has forwarded to the Pay Equity Hearings Tribunal it appears that she has filed at least two separate applications before other – completely separate - tribunals.

3It appears that Ms. Kahu filed an application with the Ontario Labour Relations Board because she did not agree with a decision issued by an Employment Standards Officer. The Ontario Labour Relations Board dismissed Ms. Kahu’s application because she did not attend at a hearing. Ms. Kahu has written to the Registrar of the Ontario Labour Relations Board setting out her reasons for not attending. This is a matter that will be dealt with by the Ontario Labour Relations Board and is not something that can be dealt with by the Pay Equity Hearings Tribunal.

4Secondly, it appears that Ms. Kahu has filed an application with the Human Rights Tribunal of Ontario and that the Human Rights Tribunal of Ontario is considering putting her application on hold until some other legal proceeding that touches on the same issues as are raised in her application to the Human Rights Tribunal of Ontario has been resolved. Ms. Kahu was directed by the Human Rights Tribunal of Ontario to file submissions, no later than October 30, 2011, on this issue. This is a matter that will be dealt with by the Human Rights Tribunal of Ontario and is not something that can be dealt with by the Pay Equity Hearings Tribunal.

5The only way that Ms. Kahu could file an application with the Pay Equity Hearings Tribunal is if she had filed a complaint with the Pay Equity Commission that her employer had not complied with the Pay Equity Act and received a decision from the Pay Equity Commission that she wanted to challenge. In the absence of having filed such a complaint with the Pay Equity Commission and received a decision, Ms. Kahu cannot file an application with the Pay Equity Hearings Tribunal.

6This matter is hereby dismissed.