Pay Equity Hearings Tribunal
File No.: 2235-11-PE Sandra Kahu, Applicant v. Walder & McSweeney Contracting Ltd., Responding Party.
Before: Diane L. Gee, Chair.
Decision of the Tribunal: December 14, 2011
Decision
1For pay equity purposes, Walder & McSweeney Contracting Ltd. (“Walder & McSweeney”) compared the female dominated position of Office Manager to the male dominated position of Senior Carpenter/Lead Hand. Ms. Kahu, who held the Office Manager position at Walder & McSweeney for many years, filed a complaint with the Pay Equity Commission. Ms. Kahu’s complaint was investigated by a Review Officer. The Review Officer, by way of a Notice of Decision dated May 4, 2011, found no contravention of the Pay Equity Act, R.S.O. 1990, c. P.7 as amended (the “Act”).
2As is required by the Act, the Pay Equity Office promptly forwarded a copy of the Notice of Decision to the Tribunal.
3Ms. Kahu does not agree with the Decision of the Review Officer. Ms. Kahu has filed an application with the Pay Equity Hearings Tribunal in which she states that the position of Office Manager should have been compared to the position of Project Manager. Walder & McSweeney wrote a letter to the Tribunal dated December 8, 2011 in which it states that the proper comparator to the Office Manager position is the Senior Carpenter/Lead Hand position.
4The issue to be determined is whether the position of Office Manager should be compared, for pay equity purposes, to the position of Senior Carpenter/Lead hand or the position of Project Manager.
5Walder & McSweeney is hereby directed to write to the Tribunal and confirm that it sent a copy of its December 8, 2011 letter addressed to the Pay Equity Hearings Tribunal to Ms. Kahu.
6This matter is hereby referred to the Registrar to be scheduled for a pre-hearing consultation with the parties. The Registrar will send a Notice out to Ms. Kahu and Walder & McSweeney telling them the date and time of the pre-hearing consultation.
7Ms. Kahu is hereby put on notice that if she fails to attend the pre-hearing consultation the application will be dismissed.
“Diane L. Gee”
Diane L. Gee, Chair