Pay Equity Hearings Tribunal
0795-14-PE Martti Pekka August Kohlin, Applicant v. Thunder Bay District Housing Corporation and Thunder Bay District Social Service Admin. Board, International Brotherhood of Electrical Workers, Local 339, Respondents.
BEFORE: Mary Anne McKellar, Acting Chair.
DECISION OF THE TRIBUNAL: June 30, 2014
Decision
The applicant has filed an application with the Tribunal under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”).
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to deal with the following issues raised by the application.
There are a number of deficiencies with respect to this application:
The applicant has identified several other parties to this proceeding but has not completed any Statements of Service indicating that a copy of the application was delivered to them. Until that occurs, the Tribunal will not process the application further;
The applicant has not made reference in the application to any Order or Notice of Decision made by a Review Officer from the Pay Equity Office (“the Office”), nor any other reference from which the Tribunal could conclude that any complaint was filed with the Office. Complaints of a contravention of the Act must be filed with the Office and dealt with by a Review Officer before any application may be made to the Tribunal; and
The substance of the applicant’s complaint does not appear to relate to a matter covered by the Act. Not only does the applicant make no reference whatsoever to any section of the Act that has allegedly been breached, but from the narrative description of the complaint, it appears to relate to a classification grievance, with the issue being in which of two classifications did the work performed by the applicant fall. That is a matter that is usually addressed through the grievance procedure under a collective agreement. The Act addresses itself generally to issues relating to whether predominantly female job classes are compensated equally vis-à-vis predominantly male job classes of their employer that perform work of a similar value.
- If the applicant wishes to pursue this application, the following steps must be completed by no later than July 15, 2014:
A copy of the application must be delivered to each of the other parties identified in the application and completed Statements of Service to that effect filed with the Registrar of the Tribunal;
The applicant must provide documentation demonstrating that this matter has already been dealt with by a Review Officer; and
The applicant must deliver to the other parties and file with the Registrar of the Tribunal, written submissions setting out how this complaint raises an issue addressed by the Act, including a specific reference to any sections of the Act alleged to have been contravened.
If the applicant fails to complete all of the above steps by the stipulated deadline, this application will be dismissed without further notice.
The other parties are relieved of the obligation to file any responses to this application until they may be specifically directed to do so by subsequent Tribunal decision.
Any submissions filed pursuant to this decision may be placed before this panel of the Tribunal.
Dated at Toronto this 30th day of June, 2014.
“Mary Anne McKellar”
Mary Anne McKellar, Acting Chair