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: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: July 15, 2016
These are applications in respect of a Review Officer’s Order (“the Order”) issued under the Pay Equity Act, 1995 (“the Act”).
Section 4.2(1) of the Statutory Powers Procedure Act permits this decision to be made by a one-person panel.
The Order directed the Sexual Assault Support Centre of Ottawa (“the Employer”) to take a number of steps to determine and pay out pay equity adjustments to its employees.
Case No. 2512-15-PE is a referral by the Pay Equity Office under section 24(5) of the Act for enforcement of the Order. That application was held in abeyance when the Employer filed an application in Case No. 2605-15-PE objecting to the Order.
By decision dated May 12, 2016, a panel of the Tribunal (differently constituted) dismissed the Employer’s objection to the Order, except insofar as it related to the discrete issue of whether a single employee had relinquished the right to any payment by signing a release. That issue will proceed to a Pre-Hearing Conference, and a hearing if necessary, but there is no longer any purpose to holding the Office’s referral in abeyance pending its disposition.
The only question for determination the Tribunal on a referral is whether an Order has been complied with. The person against whom the Order issued, in this case the Employer, bears the burden of proving compliance. In its application in Case No. 2605-15-PE, the Employer conceded that it had not complied with the Order. The sole remaining issue in Case No. 2512-15-PE therefore remains whether the Tribunal should grant the remedial relief sought by the Office, save and except as it relates to any payment to the individual whose entitlement is disputed in Case No. 2605-15-PE.
The Employer shall have 10 working days from the date of this decision in which to make submissions addressing the question of the remedial relief sought by the Office in Case No. 2512-15-PE.
Case No. 2605-15-PE is referred to the Registrar.
Dated at Toronto, Ontario this 15 day of July, 2016.
"Mary Anne McKellar" Mary Anne McKellar, Chair