Pay Equity Commission v. 166840 Ontario Limited o/a Lolita Gardens Day Care Center
2669-11-PE Pay Equity Commission, Applicant v. 166840 Ontario Limited o/a Lolita Gardens Day Care Center and 928979 Ontario Inc. (formerly o/a Lolita Gardens Day Care Centre), Responding Parties.
BEFORE: Diane L. Gee, Chair
DECISION OF THE TRIBUNAL: December 21, 2011
This is an application under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). The application was filed with the Tribunal on November 10, 2011. The Statement of Service accompanying the application indicates that it was sent to Holly Rohatgi, Director/Owner, 166840 Ontario Limited o/a Lolita Gardens Day Care Center and Leila Singh, former Director/Owner, 928979 Ontario Inc. (formerly o/a Lolita Gardens Day Care Centre) by regular mail on November 10, 2011.
The Pay Equity Office (“the Office”) asserts that 166840 Ontario Limited o/a Lolita Gardens Day Care Center and 928979 Ontario Inc. (formerly o/a Lolita Gardens Day Care Centre) (jointly referred to herein as the “Employer”) have not complied with the Order issued by Review Officer Kadi Nabe on May 31, 2010 and July 12, 2011 (“the Orders”). The Orders directed the Employer to pay specified amounts to a number of individual employees. The July 12, 2011 Order directed the payments to be made, with interest, within fourteen days of the date of the order. The payments have not been made.
The Office seeks to have the Tribunal find that the Employer has not complied with the Order, and direct the Employer to pay the amounts specified in the Order to the identified individuals.
The Employer has not filed a response to this application. Its time for doing so under the Tribunal’s Rules of Practice has expired. The Tribunal has determined that it is appropriate to deal with this application by way of a written hearing.
Pursuant to section 24(5.3) of the Act, the Employer bears the onus of establishing that it has complied with the Order.
The Employer is directed to deliver and file written submissions setting out why, in the absence of any response by the Employer, the Tribunal should not issue a decision finding that the Employer has not complied with the Order and directing it to pay the amounts specified in the Order to the identified individuals forthwith. Those submissions must be delivered and filed by no later than 10 business days from the date of this decision.
If any party does not consent to this matter being heard by a single Deputy Presiding Officer pursuant to section 4.2.1(2) of the Statutory Powers and Procedures Act, they must so advise the Tribunal within 10 business days of the date of this decision, in the absence of which consent will be deemed to have been given.
“Diane L. Gee”
Diane L. Gee, Chair