PAY EQUITY HEARINGS TRIBUNAL
PEHT Case No: 1069-14-PE
Pay Equity Office, Applicant v Community Living Guelph Wellington, Canadian Union of Public Employees Local 4392,
Respondents
BEFORE: Patrick Kelly, Vice-Chair, Ann Burke and Carol Phillips,
Members
DECISION OF THE TRIBUNAL: April 1, 2015
In its previous decision dated March 17, 2015, the Tribunal stated:
Case No. 1069-14-PE is the referral to the Tribunal for enforcement of a Review Officer’s Order issued under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). Consistent with the language of section 24 of the Act, I shall refer to this proceeding as “the reference”.
Case No. 2277-14-PE is an application brought by Community Living Guelph Wellington (“the employer”) objecting to the same Order. I shall refer to it as “the employer’s application”.
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to issue this decision.
In a decision dated January 5, 2015, the Tribunal held the reference in abeyance pending a determination of the employer’s application. In a decision dated March 16, 2015, the Tribunal dismissed the employer’s application.
Section 24 of the Act deals with a reference to the Tribunal. Subsection 24(5.2) provides that the
Tribunal shall not consider the merits of the order that
is the subject of the reference. The only issue, therefore, in a reference under section 24 is whether or not the party that is the subject of the Review Officer’s Order is in compliance with the Order. In the employer’s application, the employer conceded that it was not in full compliance with the Order.
In Schedule C of the reference, the Pay Equity Office (“the PEO”) set out the remedies requested from the Tribunal.
The employer and Canadian Union of Public Employees Local 4392 (“CUPE”) are invited to make any written submissions they wish concerning why the Tribunal should not grant the remedies sought by the PEO in Schedule C of the reference, on or before March 27, 2015. Upon receipt of timely written submissions, the Tribunal may issue a final decision if it is appropriate to do so. In the alternative, the Tribunal may direct further written submissions from the PEO in response to those of the employer and/or CUPE, but the PEO is not required to respond unless so directed. In the absence of timely submissions by the employer and/or CUPE, the Tribunal may issue a final decision granting the PEO’s requested remedies without an oral hearing or further notice to the parties.
In correspondence dated March 23, 2015, counsel for CUPE indicated that CUPE agrees with the orders sought by the PEO in the reference. By way of correspondence dated March 26, 2015, counsel for the employer submitted that the employer has no objection to the issuance of a decision in the reference without an oral hearing.
Accordingly, based upon the employer’s own admission in its application in Case No. 2277-14-PE that it did not fully comply with Review Officer Al Coulen’s Order dated March 5, 2014 of (“the Order”), we find as fact that the employer is not in compliance with the Order.
To remedy the employer’s lack of compliance, we make the following orders:
(i) that the Employer pay retroactive pay equity adjustments to current and former employees with interest to March 31, 2014, in accordance with the Appendix 1 that was attached to the Review Officer’s Order, under the columns “Total Retro”, within 30 days of the order of
the Tribunal;
(ii) that the employer pay interest calculated in accordance with the provisions of the Courts of Justice Act R.S.O. 1990, c.C 43, as amended. Interest is to be calculated from the date of this decision;
(iii) that the employer adjust the job rates for the female job classes and adjust the wage rates of every employee in a female job class within
30 days of the date of this decision;
(iv) that the employer purchase a quarter-page advertisement in the Guelph Mercury and the Wellington Advertiser newspapers entitled “Notice to Former Employees of Community Living Guelph Wellington Regarding Payment of Pay Equity”. The body of the advertisement is to request former employees who worked for Community Living Guelph Wellington between the years 2010 and 2013 to contact Community Living Guelph Wellington to determine whether any pay equity retroactivity is owed to them. The advertisement is to contain the telephone, mail and email contacts for the Employer and identify the individuals who will provide information to the former employees. The same advertisement is to be run in the newspapers on three consecutive Wednesdays with the first advertisement commencing within 30 days of the date of this decision;
(v) that the employer post a copy of this decision in prominent places in the workplace and mail a copy of this decision to all former employees that occupied female job classes at any time during the years 2010 to 2014; and
(vi) that the employer provide confirmation to the Review Officer regarding compliance with paragraphs (i) to (vi) within 30 days of the date of this decision.
Dated at Toronto, Ontario this 1st day of April, 2015.
“Patrick Kelly”
Patrick Kelly, Vice-Chair
“Ann Burke”
Ann Burke, Member
“Carol Phillips”
Carol Phillips, Member