0413-13-PE Regional Nursing Services, Applicant v. Helen Magno, Respondent.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE TRIBUNAL: June 20, 2014
This is an application under the Pay Equity Act.
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
The Tribunal is in receipt of an unsigned Form 1 - Application from Helen Magno. It would appear that Ms. Magno intended to file a response to the application filed by Regional Nursing Services (“RNS”), but did so on an application form.
Ms. Magno is one of many individuals covered by an Order dated January 8, 2013 issued by a Review Officer (“the Officer”) in which the Officer ordered RNS to make various pay equity payments to the individuals listed in the Order. RNS does not take issue with the amounts ordered, but seeks a variance of the Order in respect of employees named in the Order whom RNS either has not been able to contact or who have not responded to efforts by RNS to reach them.
In a preliminary decision dated March 17, 2014, the Tribunal ordered RNS to serve notice of this application on certain categories of employees named in the Order. Apparently, as a result, RNS served Ms. Magno with the application, and this has resulted in her filing the Form 1 with the Tribunal.
The Board will treat Ms. Magno’s Form 1 application as a response to the application by RNS.
Ms. Magno is hereby directed, on or before July 4, 2014 to effect delivery of a copy of the Form 1 she filed with the Tribunal with counsel for RNS, Ms. Angela Rae and Mr. Brian P. MacDonald at:
Filion Wakely Thorup Angeletti LLP
Barristers and Solicitors
150 King Street West
Suite 2601, Box 32
Toronto, ON
M5H 4B6
- Ms. Magno is further directed to file with the Tribunal a completed Form 3 Statement of Service, confirming that she has complied with paragraph 7 of this decision, within five days of delivering a copy of her Form 1 to counsel for RNS.
Dated at Toronto this 20th day of June 2014.
“Patrick Kelly”
Patrick Kelly, Vice-Chair