2669-11-PE Pay Equity Commission, Applicant v. 1668840 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: January 20, 2012
By way of decision dated January 3, 2012, the Tribunal stated as follows:
By 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.
The 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.
Should 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.
Following the Tribunal’s January 3, 2012 decision, the Tribunal received:
From the Pay Equity Office (the “PEO”), a copy of a letter dated January 3, 2012 sent to the PEO from Leila Singh, a former director and owner of 928979 Ontario Inc. cob as Lolita Gardens Day Care Centre;
An undated letter under cover of a fax transmission sheet bearing the date January 9, 2012 from Ms. Rohatgi asking to file a response to the application late and stating that she would like the “opportunity to be heard on the record regarding this claim”;
A letter dated January 16, 2012 from counsel representing a number of former and existing employees of either 1668840 Ontario Limited o/a Lolita Gardens Day Care Center or 928979 Ontario Inc. (formerly o/a Lolita Gardens Day Care Centre); and
An email from the PEO indicating that they would like the Tribunal to determine the matter based on the materials filed to date.
This matter has been ongoing for several years. An Order has been issued finding the responding parties to be jointly and several liable for outstanding monies owing under the Pay Equity Act to identified individuals. No application has been filed with the Tribunal seeking to challenge the Order. The instant application, filed by the PEO, is simply a proceeding to determine whether the responding parties have complied with the Pay Equity Act. No other issued can be raised in this proceeding as a result of section 24(5.2) of the Pay Equity Act. There is no dispute on the materials filed that the responding parties have not complied with the Pay Equity Act. Even if Ms. Rohatgi were to be given an extension of time for the filing of a response, she does not dispute that the Order has not been complied with and, hence, the response, would not speak to the issue before the Tribunal. Having regard to the foregoing, there is no reason to grant Ms. Rohatgi an extension of time to file a response and no reason to hold an oral hearing in this matter.
Having regard to the foregoing, the Tribunal hereby confirms that the responding parties have not complied with the Orders issued by Review Officer Kadi Nabe on May 31, 2010 and July 13, 2011.
The Tribunal declares that the responding parties are jointly and severally liable to pay to each of the individuals listed in column A below the amounts listed in column B below plus prejudgment interest from July 13, 2010 calculated in accordance with the provisions of the Courts of Justice Act, R.S.O. 1990, c. 43 and orders the responding parties to do so no later than February 28, 2012.
Name
Total Owed
Marienne Ymbang
1,092.00
Mary Jean Nietes
2,683.26
Shayne Nepomuceno (Caranto)
7,433.25
Cattleya J. Palor
5,951.49
Rajkumarie Z. Hosein
4,936.00
Juanita Huaca
5,136.20
Pacita Magpantay
8,160.00
Susan L. Lorenz
4,119.28
Tracey Plummer
1,027.28
Meredith Sy
11,542.19
Total
$52,080.95
“Diane L. Gee”
Diane L. Gee, Chair