Pay Equity Hearings Tribunal
PEHT Case No: 0884-12-PE
Ontario Public Service Employees Union, Applicant v The Crown in Right of Ontario (Ministry of Government Services), Respondent
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: January 20, 2015
Decision
This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”).
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
I terminated this application by decision dated January 16, 2015, because there had been no communication from any party with respect to this matter since December 7, 2013, when they requested that hearing dates be cancelled, and because they had failed to respond to the Registrar’s letter of January 6, 2015, requesting an update on the status of this file.
By letter dated January 16, 2015, counsel for the applicant has requested, on consent of all parties, that I reconsider my decision terminating this matter, and anticipates that the parties will be in a position to advise the Tribunal by January 30, 2015 if any issue in this matter requires a hearing.
Without getting into the contents of counsel’s letter, suffice it to say that nothing in there satisfies the considerations the Tribunal typically looks at in deciding whether to reconsider a final decision. What is unusual about the request, however, is that it is made on consent. I am satisfied that I should therefore reconsider my decision of January 16, 2015.
The final paragraph of my January 16, 2015 decision is rescinded, and the following substituted:
This matter will be deemed terminated effective February 2, 2015 without further notice to the parties, unless they do all of the following on or before January 30, 2015:
a) Write to the Registrar seeking to have this matter listed for hearing;
b) Identify the issues that require adjudication, and the evidence, if any, that they expect to tender in respect of those issues;
c) Indicate whether the hearing of the issues identified (or any of them) may proceed by way of an exchange of written submissions;
d) If they anticipate a viva voce hearing is required in respect of any of these issues, provide an estimate of the length of hearing that will be required; and
e) Identify at least five (5) dates prior to May 29, 2015 on which this matter might be the subject of a viva voce hearing, and/or set out a timetable concluding no later than March 31, 2015 for the exchange of written submissions on any issues that may be dealt with in writing.
Dated at Toronto, Ontario this 20th day of January, 2015.
“Mary Anne McKellar”
Chair