Court File and Parties
PEHT Case No: 1780-15-PE
Pay Equity Office, Applicant v Community Living Tillsonburg, and Ontario Public Service Employees Union, Local 161, Respondents v The Crown in Right of Ontario, as represented by the Ministry of Community and Social Services, Respondent
Before: Roslyn McGilvery, Vice-Chair, Ann Burke and Irene Harris, Members
Decision of the Tribunal: November 23, 2016
Decision
1This is a referral under subsection 24(5) of the Pay Equity Act, R.S.O 1990, c. P.7 as amended (the "Act").
2A Pay Equity Review Officer issued Orders under sections 24(2) and 24(3) of the Act against Community Living Tillsonburg (the "Employer") dated April 23, 2015 (the "Orders"). One of the Orders relates to unionized employees represented by the Ontario Public Service Employees Union, Local 161 ("OPSEU") and the other relates to non-unionized employees.
3By correspondence dated October 12, 2016, the Pay Equity Commission set out various points of agreement between the parties. There is no dispute that the Employer has failed to comply with the Orders. Further, since the parties have agreed on the remedial consequences that ought to flow, the Tribunal makes the following orders:
- The Employer is ordered to:
a. within 60 days of this decision, pay the OPSEU bargaining unit members that are the subject of the Pay Equity Review Officer's Order of April 23, 2015, pay equity adjustments (including interest) as set out in Schedule A to the Pay Equity Commission's letter of October 12, 2016 ("Schedule A"); and
b. within 60 days of this decision, adjust the job rates for OPSEU bargaining unit members that are the subject of the Pay Equity Review Officer's Order of April 23, 2015, in accordance with Schedule A.
- The Employer is ordered to:
a. within 60 days of this decision, pay the non-unionized employees that are the subject of the Pay Equity Review Officer's Order of April 23, 2015, pay equity adjustments (including interest) as set out in Schedule A; and
b. adjust the job rates for non-unionized employees that are the subject of the Pay Equity Review Officer's Order of April 23, 2015, in accordance with Schedule A.
4In light of the parties' agreement, this matter is terminated.
Dated at Toronto, Ontario this 23 day of November, 2016.
"Roslyn McGilvery"
Roslyn McGilvery, Vice-Chair
"Ann Burke" Ann Burke, Member
"Irene Harris"
Irene Harris, Member