OPEHT 2012

The applicant union filed applications under section 24(6) of the Pay Equity Act against two employers.

The parties subsequently advised the Pay Equity Hearings Tribunal by letter that the matters had been settled.

Noting that settlements are binding under section 25.1 of the Act, the Tribunal closed its files.

The parties advised the Tribunal that they entered into a settlement pursuant to section 25.1 of the Pay Equity Act.

The Tribunal revoked a previous decision inadvertently adjourning the matter sine die, cancelled the scheduled hearing, and terminated the proceedings.

The Pay Equity Commission applied to the Tribunal to determine whether the responding parties complied with a Review Officer's order.

The responding parties failed to file a response and requested an oral hearing.

The Tribunal found that the only issue was compliance with the order, which was not disputed.

The Tribunal declined to hold an oral hearing, confirmed non-compliance, and ordered the responding parties to pay $52,080.95 in outstanding pay equity adjustments to the affected employees.

The parties advised the Tribunal that they were engaged in settlement discussions.

The Tribunal adjourned the application sine die for a period not exceeding three months, after which it would be deemed terminated if no party requested to proceed.

The parties requested a pre-hearing consultation and subsequently adjourned it.

The Tribunal adjourned the matter sine die for a period not exceeding six months, after which it will be deemed terminated unless a party requests to proceed.

The applicant objected to the assignment of a single Deputy Presiding Officer to hear her application.

The Tribunal explained that a tripartite panel could not be constituted due to a vacancy for an employer representative member.

As the applicant did not consent to a single Vice-Chair hearing the matter, the scheduled hearing dates were cancelled and the matter was adjourned sine die until a tripartite panel could be constituted.

The applicant objected to the assignment of a single Deputy Presiding Officer to hear her application before the Pay Equity Hearings Tribunal.

The Vice-Chair clarified that a tripartite panel could not be constituted due to the recent resignation of the employer-representative Member.

The applicant was given a deadline to consent to a hearing before a single Vice-Chair, failing which the scheduled hearing dates would be postponed indefinitely.

The Pay Equity Commission applied to the Tribunal regarding the responding parties' non-compliance with a Review Officer's order.

The Tribunal previously directed a written hearing.

The current owner of one of the responding parties requested an oral hearing to discuss liability among the various owners over a 12-year period.

The Tribunal noted that under section 24 of the Pay Equity Act, the only issue is whether the order was complied with, and since non-compliance was apparent, there was no reason for an oral hearing.

The Tribunal offered to schedule a pre-hearing conference if the Pay Equity Office deemed it helpful.