Community Living North Perth v. Michael Town, Karen Zyta, Carolyn Bender, and Sondra Scott, 2015 CanLII 59000

Pay Equity Hearings Tribunal

PEHT Case No: 1236-15-PE

Community Living North Perth, Applicant v Michael Town, Karen Zyta, Carolyn Bender, and Sondra Scott, Respondents

BEFORE: Patrick Kelly, Alternate Chair

DECISION OF THE TRIBUNAL: September 16, 2015

1This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”), in respect of an Order that applies to a pay equity plan for non-union employees.

2Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide the issue (notice and service of application) that arises in these matters.

3In a decision dated September 8, 2015, the Tribunal wrote at paragraphs 3 to 5:

3. In my decision dated August 12, 2015 (“the Decision”), I wrote at paragraph 5:

4. In respect of Case No. 1236-15-PE, the Tribunal orders the applicant to mail forthwith a copy of the application, this decision, and the Notice to Employees of Application that was contained in the Registrar’s correspondence of August 10, 2015 to the last known address of each of any individuals (non-union) who worked for, but no longer work for, the applicant and who were eligible to receive pay equity adjustments in 2013, 2014 and 2015 pursuant to the proxy pay equity plan referred to in the Review Officer’s Order of July 7, 2015. The applicant is directed to advise the Tribunal in writing once the mailing of these documents has been completed, and in any event, by no later than September 4, 2015. The applicant is to include the names of the individuals to whom the documents were sent, as well as the method and date of service.

5. By way of correspondence dated August 19, 2015, the applicant advised the Board that it had hand-delivered all the required documentation to four named individuals. It is not clear, however, whether this group of four individuals includes all former non-union employees who were eligible to receive pay equity adjustments in 2013, 2014 and 2015. If so, the applicant is in compliance with paragraph 5 of the Decision.

6. The Tribunal directs the applicant to confirm in writing that, apart from the four named individuals, there are no other former non-union employees entitled to notice of this application. If, however, there are former employees entitled to notice of the application, the applicant is ordered to comply with paragraph 5 of the Decision, including providing the Tribunal with the names of such individuals. The applicant shall have until September 15, 2015 to provide the Tribunal with the written information herein ordered.

4The Tribunal has received no further communication from the applicant.

5Unless the applicant complies with paragraph 5 of the decision of the Tribunal dated September 8, 2015 on or before September 18, 2015, the application may be dismissed without further notice to the parties.