PEHT Case No: 3483-14-PE
Pay Equity Office, Applicant v Excel Employment International Limited, Respondent
PEHT Case No: 3768-14-PE
Excel Employment International Limited, Applicant
BEFORE: Patrick Kelly, Vice-Chair
DECISION OF THE TRIBUNAL: June 5, 2015
1. Tribunal Case No. 3768-14-PE is an application under subsection 24(6) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”) in which the applicant employer, Excel Employment International Limited (“Excel”) takes issue with an Order dated February 4, 2015 (“the Order”). I shall refer to it as “the Excel application”.
2. Section 4.2.1(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
3. There is a companion application in Case No. 3483-14-PE in which the Pay Equity Office (“the PEO”) seeks enforcement of the Order. A Pre-Hearing Conference was held in that matter on April 14, 2015. There appeared to be some prospect that both the PEO application and the Excel application might be resolved through further discussions between the parties. However, in correspondence dated June 2, 2015, counsel for the PEO advises that that has not occurred. Therefore, in accordance with the Tribunal’s usual practice the PEO application is held in abeyance pending the determination of the Excel application.
4. As I understand Excel’s position, it contends that since its incorporation in 2008 it has never employed more than ten employees and is therefore not subject to the Act.
5. The Order was issued as a result of an audit, not as a result of an individual complaint. Accordingly, the application was not delivered to any employees of Excel.
6. Before the Excel application is processed further, including the scheduling of a hearing, Excel must bring notice of the application to its employees. Accordingly, it is directed forthwith to post a copy or copies of the Order, the Excel application and this decision in a location or locations in the workplace where they are likely to come to the attention of Excel’s employees. These copies are to remain posted until July 3, 2015. Furthermore, Excel is directed to inform the Tribunal in writing, no later than June 10, 2015 that it has complied with the direction to post, and to indicate the time and date on which it posted the materials in the workplace.
7. Any individual who wishes to participate in the Excel application must file a response in accordance with the Tribunal’s Rules of Practice by no later than July 3, 2015.
8. Following timely receipt of Excel’s confirmation of posting, this matter may be processed in the normal course.
9. Should Excel fail to comply with any of the directions contained in this decision, the application may be terminated without further notice.
Dated at Toronto, Ontario this 5th day of June, 2015.
"Patrick Kelly" Patrick Kelly, Vice-Chair