Pay Equity Office v. Community Living Guelph Wellington, 2015 CanLII 16235

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

PEHT Case No: 2277-14-PE Community Living Guelph Wellington, Applicant v Canadian Union of Public Employees, Local 4392, Respondent

Before: Patrick Kelly, Vice-Chair

Decision of the Tribunal: March 17, 2015

Decision

1Case 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”.

2Case 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”.

3Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to issue this decision.

4In 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.

5Section 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.

6In Schedule C of the reference, the Pay Equity Office (“the PEO”) set out the remedies requested from the Tribunal.

7The 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.