Pay Equity Hearings Tribunal
PEHT Case No: 0733-15-PE
Law Cranberry Resort Limited, Applicant v Pay Equity Commission, Respondent
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: July 16, 2015
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 (“Cranberry”) takes issue with an Order dated April 1, 2015 (“the Order”).
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.
The Review Officer who conducted the audit and issued the Order found no fault with what Cranberry has done since 2007 to comply with the Act. The Review Officer issued the Order because Cranberry did not demonstrate to his satisfaction that it was in compliance with the Act with respect to its female job classes from 1993 until 2007. He directed Cranberry to secure or produce certain information for that purpose. Cranberry says that the information is simply not available, and that the Review Officer exceeded his jurisdiction in making the Order.
Before the Tribunal will process this application further or schedule it for a hearing or pre-hearing conference, Cranberry must attempt to bring notice of the application to affected employees employed between 1993 and 2007. Some of these individuals may still be employed by Cranberry but some (perhaps many) will have ended their employment.
Cranberry 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, Cranberry is directed to inform the Tribunal in writing by no later than July 24, 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 2007.
Insofar as former employees who were employed between 1993-2007 are concerned, Cranberry 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 August 7, 2015. Cranberry is directed to inform the Tribunal in writing by no later than August 7, 2015 that it has complied with this direction by indicating to whom, by what means, and when these materials were sent.
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.
Following timely receipt of Cranberry’s confirmation of posting, and of delivery of the materials directed to former affected employees, this matter may be processed in the normal course.
Should Cranberry fail to comply with any of the directions in this decision, this matter may be terminated without further notice.
Dated at Toronto, Ontario this 16th day of July, 2015.
“Mary Anne McKellar”
Mary Anne McKellar, Chair