Pay Equity Commission v. 1668840 Ontario Limited o/a Lolita Gardens Day Care Center and 928979 Ontario Inc.
File No.: 2669-11-PE Before: Diane L. Gee, Chair Decision of the Tribunal: January 3, 2012
1By way of decision dated December 21, 2011, the Tribunal noted that the responding parties have not filed a response to this application and the Tribunal considered it appropriate to deal with this application by way of a written hearing. On January 3, 2012, the Tribunal received a letter from Holly Rohatgi, the current owner of 1668840 Ontario Limited o/a Lolita Gardens Day Care Center, requesting the opportunity to come in person and discuss “our part in the time period as well as the liability for each employee.” According to Ms. Rohatgi, each of the prior owners of Lolita Gardens Day Care Centre is also interested in attending.
2The Order that has been issued by the Review Officer states that both responding parties are jointly and severally liable for the outstanding amounts. Pursuant to section 24 of the Pay Equity Act, the only issue that is before the Tribunal is whether or not the responding parties have complied with the Order. It is apparent from the contents of Ms. Rohatgi’s letter that the responding parties have not complied with the Order. As such, there appears to be no reason to hold an oral hearing.
3Should the Pay Equity Office be of the view that the scheduling of a pre-hearing conference would be of some assistance, the Tribunal is amenable to holding such a conference. The Pay Equity Office is hereby directed to write to the Tribunal within 10 days and advise as to whether it would like the Tribunal to schedule this matter for a pre-hearing conference or whether it would like the Tribunal to determine the matter based on the materials filed to date.
4The Tribunal notes that Ms. Rohatgi did not copy the Pay Equity Office on her letter to the Tribunal. Attached to this decision is a copy of Ms. Rohatgi’s letter. The addresses of all parties to the application appear as Appendix “A” to the covering letter. Any time anyone writes to the Tribunal in connection with this matter, they are required to send a copy of their communication to all of the parties listed on Appendix “A” and to advise the Tribunal that all other parties have been so copied.
“Diane L. Gee”
Diane L. Gee, Chair
Received: Jan 32012 11:05am
Lolita Gardens Daycare
600 Lolita Gardens, Mississauga, Ontario, L5A 3K8
January 3, 2012
Peter Gallus
Registrar
Pay Equity Hearings Tribunal
505 University Avenue 2nd floor
Toronto, Ontario
MSG 2P1
Holly Rohatgi
Lolita Gardens Daycare
600 Lolita Gardens Unit 1
Mississauga, Ontario
L5A 3K8
Dear Mr. Gallus,
My name is Holly Rohatgi I am the current owner of 1668840 Ontario Limited operating as Lolita Gardens Daycare; we have an ongoing case with the pay equity tribunal. This case, file # 2669-11-PE is spanning over 3 owners and 12 years. I received a letter recently stating the tribunal was to be held by way of written submissions from each party involved.
The three owners are Leila Singh (1991-2005), Phillip Vettesse (2005-2010) and myself, Holly Rohatgi (June 2010-prcsent) all would like to come in person and discuss our part in the time period as well as the liability for each employee. We feel there is too much to discuss and compare by way of written letter and would appreciate the opportunity to meet with you in person to further discuss this matter including documentation and evidence we would like to present. I hope to hear from you soon regarding this matter, I can be reached at 647-865-7590 or 905-275-1228 if you require any further information. Thank you for your consideration.
Sincerely,
Holly Rohatgi
Lolita Gardens Daycare