Pay Equity Hearings Tribunal
PEHT Case No: 2512-15-PE
Pay Equity Office, Applicant v Sexual Assault Support Centre of Ottawa, Respondent
PEHT Case No: 2605-15-PE
Sexual Assault Support Centre of Ottawa (SASC), Applicant v Pay Equity Office, Respondent
BEFORE: Caroline Rowan, Vice-Chair
DECISION OF THE TRIBUNAL: March 18, 2016
Case No. 2512-15-PE is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c. P.7, as amended (“the Act”) for enforcement of a Review Officer’s Order issued under the Act. The Order in issue required the Sexual Assault Support Centre of Ottawa (SASC) (“SASC”) to adjust the pay rates of all employees by 99 cents, to calculate interest owing and to pay out adjustments with interest within 30 days of receipt of the Order.
Case No. 2605-15-PE is an application objecting to the same Order.
In accordance with the Tribunal’s usual practice, Case No. 2512-15-PE shall be held in abeyance pending the disposition of Case File No. 2605-15-PE. The balance of this decision relates to the latter application.
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to issue this decision.
The applicant, SASC, takes the position in its application that it is a small not-for-profit organization that does not have the ability to pay the entire amount of the Order within the stipulated timeframe of 30 days. It notes that it is not unwilling to comply with the Order but that it is financially and legally unable to meet the 30 day timeline and does not believe that the Order is reasonable given the nature of the organization and its financial circumstances. By way of remedy, SASC seeks, among other things, an order that it pay the calculated adjustments under the order over a period of nine years and that there be no pre-judgement or post-judgement interest.
Having reviewed the application in Case No. 2605-15-PE, the Tribunal finds it appropriate to direct the applicant, SASC, to file submissions with the Tribunal addressing why the application should not be dismissed for failing to disclose a prima facie case. In this respect, the Tribunal notes that it has on a number of occasions found that lack of funding is not a defense to an employer’s obligation to comply with a pay equity plan or the Act. The SASC is hereby directed to file any submissions it wishes to make on the prima facie case issue by April 4, 2016.
These matters are referred to the Registrar to assign to a panel for review after April 4, 2016.
Dated at Toronto, Ontario this 18th day of March, 2016.
"Caroline Rowan"____ Caroline Rowan, Vice-Chair