PEHT Case No: 0151-15-PE
Pay Equity Office, Applicant v Harry Rosen Inc., Respondent
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: May 13, 2015
1. This is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
2. Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
3. The Pay Equity Office (“the Office”) asserts that the respondent (“the Employer”) has not complied with the Order of a Review Officer. The question of whether or not compliance has occurred is the only issue before the Tribunal on such application (see section 24(5.2) of the Act). The Employer bears the onus of satisfying the Tribunal that it has complied with the Order.
4. The Employer’s response in this matter was due on May 1, 2015. No response was filed, nor has there been any other written communication from the Employer to the Tribunal. In the absence of a response from the Employer, the Tribunal can only conclude that the Employer has not complied with the Order.
5. While the Tribunal might ordinarily at this point simply direct the Employer to make submissions setting out why the Tribunal should not simply direct compliance, it is not entirely clear that this is the appropriate way to proceed in this case. There is reference in the Office’s application to various steps undertaken after the Order issued, that suggest that, notwithstanding the Employer has not told us so in a response, it may have partially complied with the Order.
6. This matter is therefore referred to the Registrar to schedule for a Pre-Hearing Conference.
Dated at Toronto, Ontario this 13th day of May, 2015.
“Mary Anne McKellar”
Mary Anne McKellar, Chair