2241-13-PE Pay Equity Office, Applicant v. Moosonee Native Friendship Centre, Respondent.
BEFORE: Mary Anne McKellar, Acting Chair, Carla Zabek and Carol Phillips, Members.
DECISION OF THE TRIBUNAL: January 9, 2014
Introduction
1This application is a reference by the Pay Equity Office (“the Office”) under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended. An Order was issued against the respondent employer (“the Employer”) on March 6, 2013, directing that it pay of certain pay equity adjustments (plus interest) to a number of individual employees or former employees within 30 days of the Order.
2In this application, filed with the Tribunal on November 5, 2013, the Office asserts that the March 6, 2013 Order has not been complied with. The Employer has not filed a response to the application, and the time limits for doing so under the Tribunal’s rules have expired.
3The matter was set down for a Pre-Hearing Conference on January 8, 2014. The Employer did not attend.
This Panel’s Ability to Deal With the Matter
4The Acting Chair of the Tribunal conducted the Pre-Hearing Conference in this matter, but as no settlement was discussed, is not precluded from chairing this panel (see Rule 42 of the Tribunal’s Rules of Practice).
5Furthermore, this panel finds it appropriate, pursuant to Rule 43 of the Tribunal’s Rules of Practice to proceed to dispose of this matter without further notice to the Employer who failed to file a response or attend the Pre-Hearing Conference, and without permitting it to take any further steps in this proceeding.
Analysis
6The following provisions of the Act are pertinent to this application:
- (5) Where an employer or a bargaining agent fails to comply with an order under this section, a review officer may refer the matter to the Hearings Tribunal.
(5.1) The Pay Equity Office shall be deemed to be the applicant for a reference under subsection (5).
(5.2) On a reference under subsection (5), the Hearings Tribunal shall not consider the merits of the order that is the subject of the reference.
(5.3) On a reference under subsection (5), the person against whom the order was made has the burden of proving that he, she or it has complied with the order.
7The Employer bears the burden of proving it has complied with the Order. It has not met that onus.
Decision and Directions
8We find that the Employer has not complied with the Order dated March 6, 2013.
9We make the following directions:
- That the Employer pay the following amounts to current and former employees:
NAME ADJUSTMENTS INTEREST TOTAL
OWING
A. ETHERINGTON $ 244.49 $ 5.26 $ 249.75
ALICE SACKANEY $ 3,055.90 $ 65.70 $ 3,121.60
ANGELA MARTIN $ 182.64 $ 3.93 $ 186.57
ANGELA SUTHERLAND $ 428.68 $ 9.22 $ 437.90
ANTHONY DUBE $ 304.71 $ 6.55 $ 311.26
BERTHA LINKLATER $ 403.78 $ 8.69 $ 412.47
C. HOOLIMAW TRAPPER $ 109.70 $ 2.36 $ 112.06
C. WABANO $ 129.46 $ 2.78 $ 132.24
CHARLENE LINKLATER $ 988.24 $ 21.25 $ 1,009.49
CLIFFORD TRAPPER $ 2,222.30 $ 47.78 $ 2,270.08
CLINT MAYBEE $ 1,468.38 $ 31.57 $ 1,499.95
COLEEN NELSON $ 195.40 $ 4.20 $ 199.60
COLLEEN MCLEOD $ 321.40 $ 6.91 $ 328.31
DANEEN SOLOMON $ 269.01 $ 5.78 $ 274.79
DAWN NAKOGEE $ 182.60 $ 3.93 $ 186.53
DEBBIE MACDONALD $ 7,798.55 $ 167.67 $ 7,966.22
DIANE MCLEOD $ 51.59 $ 1.11 $ 52.70
ELAINE SUTHERLAND $ 473.20 $ 10.17 $ 483.37
EMILY LINKLATER $ 1,151.85 $ 24.76 $ 1,176.61
FRANCES WHISKEYCHAN $ 497.77 $ 10.70 $ 508.47
GLORIA SUTHERLAND $ 140.14 $ 3.01 $ 143.15
H. ISERHOFF $ 207.48 $ 4.46 $ 211.94
HELEN WABANO $ 706.52 $ 15.19 $ 721.71
I. CHAKASIM $ 262.13 $ 5.64 $ 267.77
JACKIE ETHERINGTON $ 1,283.82 $ 27.60 $ 1,311.42
JENNIFER MORRISON $ 4,744.94 $ 102.02 $ 4,846.96
JOHN SOLOMON $ 28.80 $ 0.62 $ 29.42
JOHN SUTHERLAND $ 195.16 $ 4.20 $ 199.36
JOYANNE CHEECHOO $ 3,711.67 $ 79.80 $ 3,791.47
K. SUTHERLAND $ 2