Pay Equity Hearings Tribunal

PEHT Case No: 0024-14-PE

Kitchen Stuff Plus Inc., Applicant v Pay Equity Office, Respondent

BEFORE: Mary Anne McKellar, Chair

DECISION OF THE TRIBUNAL: January 5, 2015

[1]. This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”). It relates to the Order of a Review Officer that was issued on November 28, 2013.

[2]. Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.

[3]. The narrative portion of the Order indicates that the Review Officer monitored the applicant for compliance with the Act, and was not satisfied that it had complied. The Order directed the applicant to do a number of substantive things in order to comply, and those steps were to be completed within the 70-day period following the date that the Order was issued. The Order also directed the applicant to take some procedural steps, one of which was to provide a copy of the Order to former employees, employed on or after January 1, 1995, and to do so within five days of the date the Order issued. The applicant was thereafter directed to provide proof of delivery to the Pay Equity Office (“the Office”) within a further two days.

[4]. This application was filed with the Tribunal on April 2, 2014. The Office is identified as the respondent to it. The only part of the Order that the applicant seeks to have the Tribunal set aside is the requirement that it provide a copy of the Order to its former employees, whom it estimates to number approximately 4000, none of whom it says are affected by the results of the substantive steps it took to comply with the Act, and a significant number of whom it suspects would never receive the Order because it does not possess current addresses for them.

[5]. The Office took no steps over the four-month period after the Order issued to have the Tribunal enforce compliance with the direction that copies of it be sent to the applicant’s former employees. The Office has not responded to this application. It appears therefore that it does not oppose the relief sought by the applicant.

[6]. Unless the Office files an objection in writing with the Registrar of the Tribunal (copied to the applicant) before January 19, 2015, the Order shall be considered varied to dispense with the requirement that the applicant deliver a copy of it to former employees, and this file can be administratively closed without the need for a further decision.

Dated at Toronto, Ontario this 5th day of January, 2015.

“Mary Anne McKellar”

Chair