Court File and Parties
File No.: 2235-11-PE Date: 2011-12-01 Pay Equity Hearings Tribunal
Sandra Kahu, Applicant v. Walder & McSweeney Contracting Ltd., Responding Party.
Before: Diane L. Gee, Chair.
Decision of the Tribunal
1By way of decision dated November 15, 2011, the Pay Equity Hearings Tribunal (the "Tribunal") advised Ms. Kahu that there were two problems with the application she had filed with the Tribunal. First, Ms. Kahu had not filed a copy of the Notice of Decision issued by a Review Officer of the Pay Equity Commission that Ms. Kahu was challenging. Second, Ms. Kahu had not filed a Statement of Service (Form 3) as required by the Tribunal's Rules of Practice. Ms. Kahu was given 7 days within which to file a copy of the Notice of Decision and a completed Statement of Service (Form 3) with the Tribunal.
2Ms. Kahu did not file a Notice of Decision or a Statement of Service with the Tribunal. Accordingly, by decision dated November 29, 2011, the Tribunal dismissed this matter on the basis that Ms. Kahu had not provided the Tribunal with a copy of a decision of the Pay Equity Commission (the "Commission") that she wished to challenge.
3A copy of all Tribunal decisions is sent to the Commission. When the Commission received the Tribunal's November 29, 2011 decision dismissing Ms. Kahu's application, the Commission provided the Tribunal with a copy of a Notice of Decision issued by a Review Officer of the Commission on May 4, 2011 concerning a complaint filed by Ms. Kahu involving Walder & McSweeney Contracting Ltd. The Tribunal now has a copy of the Notice of Decision that it understands Ms. Kahu to be challenging. Accordingly, the Tribunal's decision of November 29, 2011 is hereby revoked. This application is not dismissed.
4However, there remains the issue as to whether Ms. Kahu has served the application on Walder & McSweeney Contracting Ltd. as she is required to do by the Tribunal's Rules. The Tribunal is unaware of whether she has done so as Ms. Kahu has not filed a Statement of Service (Form 7) with the Tribunal.
5Ms. Kahu has provided the Tribunal with the address for Walder & McSweeney Contracting Ltd. in her application. I hereby direct that a copy of this decision, as well as a copy of the application that Ms. Kahu has filed with the Tribunal, be sent to Walder & McSweeney Contracting Ltd by the Tribunal. Walder & McSweeney Contracting Ltd is hereby directed to file any response that it wishes to make to the application no later than 10 days after the date of this decision.
6The parties are hereby directed to comply with the requirement set out in the Tribunal's Rules that any communication or document sent to the Tribunal be delivered to the other party before or at the same time as it is filed with the Tribunal.
"Diane L. Gee"
Diane L. Gee, Chair