Pay Equity Office v Mary-Am Hospitality Corp.

PEHT Case No: 2800-15-PE

Pay Equity Office, Applicant v Mary-Am Hospitality Corp., Respondent

BEFORE: Mary Anne McKellar, Chair

DECISION OF THE TRIBUNAL: March 11, 2016

1. This is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).

2. Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.

3. By decision dated February 24, 2016, I found that the Employer had failed to comply with the Order, and made the following direction:

4. Unless the Employer delivers to the office and files with the Tribunal by March 3, 2016, submissions setting out why the Tribunal should not do so, the Tribunal will make an order in the form set out in schedule C of the Application.

5. The Employer has filed no submissions with the Tribunal pursuant to the above direction. The Employer is therefore ordered to do the following:

a) Within two (2) days of receipt of the Tribunal's order: Post a copy of the order in a prominent place in the workplace that is accessible to all employees;

b) Within five (5) days of receipt of the Tribunal's order: Forward a copy of the order by mail to any former employees who worked in a female job class at any time after January 1, 2011; and,

c) Within seven (7) days of receipt of the Tribunal's order: Provide documentation to the Review Officer to support that these steps were taken.

2. Within seven (7) days of the Tribunal’s order:

a) Identify the female job classes and potential male comparators that existed in the establishment since January 1, 2011;

b) Collect job information for each of the female job classes and potential male comparators; and,

c) Provide the Review Officer with a list of job classes and job information collected.

3. Within ten (10) days of the Tribunal's order:

a) Evaluate each of the job classes for which information was collected using skill, effort, responsibility and working conditions in a gender neutral manner using the existing Job Evaluation Tool; and,

b) Provide the Review Officer with the evaluation results.

4. Within fifteen (15) days of the Tribunal's order:

a) Compare each of the female job classes using the job-to-job or proportional value method of comparison; and,

b) Provide [the Review Officer] with the comparison results and supporting documentation,

5. Within twenty (20) days of the Tribunal's order:

a) Calculate the differences in the job rate, if any, for each of the female job classes and their male comparators from January 1, 2011, to date;

b) Calculate interest on all retroactive adjustments, if any, as follows:

Amount owed to employee X interest rate*

2

*(Bank of Canada prime rate of interest at the time the first payment was required)

c) Provide the Review Officer with copies of the calculations and each affected employee with their own calculations;

d) Pay any and all outstanding pay equity adjustments and interest owed to all current and former employees of the company who worked in a female job class at any time on or after January 1, 2011; and,

e) Provide the Review Officer with proof of payment.

5. The Office’s request that the Tribunal confirm the Review Officer’s substantive decision that the Employer failed to achieve and maintain pay equity is dismissed. The Tribunal has no jurisdiction on a referral to do anything other than determine whether an order has been complied with.

Dated at Toronto, Ontario this 11th day of March, 2016.

"Mary Anne McKellar" Mary Anne McKellar, Chair