Pay Equity Hearings Tribunal

PEHT Case No: 0731-15-PE

Accor Canada Inc. c.o.b. as Novotel, Applicant v Pay Equity Commission, Respondent

BEFORE: Mary Anne McKellar, Chair

DECISION OF THE TRIBUNAL: June 30, 2015

[1]. This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”), in which the applicant employer (“Novotel”) takes issue with an Order dated April 1, 2015 (“the Order”).

[2]. The Order was issued as the result of an audit, rather than an employee complaint. No employee is identified as a respondent to the application. The Pay Equity Commission has been identified as a respondent.

[3]. The Review Officer who conducted the audit and issued the Order found no fault with what Novotel has done since 2004 to comply with the Act. The Review Officer issued the Order because Novotel did not demonstrate to his satisfaction that it was in compliance with the Act with respect to its non-union female job classes from 1996 until 2004. He directed Novotel to secure or produce certain information for that purpose. Novotel says that the information is simply not available.

[4]. Before the Tribunal will process this application further or schedule it for a hearing or pre-hearing conference, Novotel must attempt to bring notice of the application to affected employees employed between 1996 and 2004. Some of these individuals may still be employed by Novotel but some (perhaps many) will have ended their employment.

[5]. Novotel is directed to post copies of the Order, its application, and this decision in locations in the workplaces where they are likely to come to the attention of employees affected, and to keep them posted until August 21, 2015. Additionally, Novotel is directed to inform the Tribunal in writing by no later than July 9, 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. This will provide notice to any current employees who were employed prior to 2004.

[6]. Insofar as former employees who were employed between 1996-2004 are concerned, Novotel is directed to send a copy of this decision, the Order and its application to such of those individuals as it is able to identify at their last-known mailing address by July 23, 2015. Novotel is directed to inform the Tribunal in writing by no later than July 23, 2015 that it has complied with this direction by indicating to whom, by what means, and when these materials were sent.

[7]. Any individual who wishes to participate in this application must file a response in accordance with the Tribunal’s Rules of Practice by no later than August 21, 2015.

[8]. Following timely receipt of Novotel’s confirmation of posting, and of delivery of the materials directed to former affected employees, this matter may be processed in the normal course.

[9]. Should Novotel fail to comply with any of the directions in this decision, this matter may be terminated without further notice.

Dated at Toronto, Ontario this 30th day of June, 2015.

“Mary Anne McKellar”

Mary Anne McKellar, Chair