Community Living North Perth v. Ontario Public Service Employees Union, Local 226, 2015 CanLII 68021

Community Living North Perth v. Ontario Public Service Employees Union, Local 226

PEHT Case No: 1235-15-PE Community Living North Perth, Applicant v Ontario Public Service Employees Union, Local 226, Respondent

PEHT Case No: 1236-15-PE Community Living North Perth, Applicant v Michael Town, Karen Zyta, Carolyn Bender, and Sondra Scott, Respondents

BEFORE: Roslyn McGilvery, Vice-Chair

DECISION OF THE TRIBUNAL: October 20, 2015

1These are applications under the Pay Equity Act, R.S.O. c. P.7, as amended (“the Act”). A Review Officer issued two orders stating that the applicant failed to make pay equity adjustments as required for the years 2013, 2014 and 2015. The applicant asserts that it is not responsible for the pay equity adjustments because the Crown in Right of Ontario (represented by the Ministry of Community and Social Services) (“the Crown”) is the employer of the employees in question.

2Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide the procedural issue at hand.

3The Crown has asserted that section 1.1(1) of the Act precludes a finding that the Crown is the employer of the employees in question. By decision dated October 7, 2015, the Tribunal (differently constituted) noted that section 1.1(1) and O.Reg. 387/07 are pertinent to the issue that the Crown has raised. At paragraph 7, the Tribunal directed the parties as follows:

7. Leaving aside for the moment all of the other positions taken by the Crown, the impact of section 1.1(1) and O.Reg. 387/07 on these applications is an issue that it appears appropriate to deal with as a preliminary matter on the basis of written submissions. The applicant and the parties (other than the Crown) are therefore invited to deliver and file written submissions on this issue by no later than October 15, 2015, and the Crown may deliver and file a reply to any such submissions by no later than October 20, 2015.

4By Correspondence dated October 14, 2015, the Registrar extended, until October 16, 2015, the deadline for the Ontario Public Service Employees Union, Local 226 (“OPSEU”) to file its submissions on the preliminary issue, together with its response to the main applications. The Registrar also extended the Crown’s deadline for filing its submissions on the preliminary issue to October 22, 2015.

5By correspondence dated October 16, 2015, the applicant indicated that it would like to withdraw its applications. By correspondence that same day, OPSEU objected to the applicant’s request to withdraw. It argues that a withdrawal would be prejudicial to the affected employees and that there is no assurance that the applicant will comply with the orders. It maintains that the Tribunal should instead order the applicant to pay the outstanding pay equity adjustments “fully and immediately with interest, no later than October 31, 2015.” The applicant filed a second letter dated October 16, 2015 in which it requests until October 21, 2015 to reconsider whether it ought to withdraw its applications.

6By correspondence dated October 19, 2015, the Crown has asked the Tribunal to extend its deadline for filing its submissions on the preliminary issue until five days after the withdrawal issue is resolved.

7Under the circumstances, the applicant has until October 21, 2015 to indicate whether it wishes to withdraw its applications. In the meantime, the other parties are directed to refrain from filing their submissions on the preliminary issue until further notice.