Pay Equity Office v Ascari Enoteca Restaurants Limited, 2017 CanLII 22798

Pay Equity Hearings Tribunal

PEHT Case No: 3029-16-PE

Pay Equity Office, Applicant v Ascari Enoteca Restaurants Limited, Respondent

BEFORE: Mary Anne McKellar, Chair

DECISION OF THE TRIBUNAL: April 7, 2017

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

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

3The Pay Equity Office (“the Office”) asserts that the respondent (“the Employer”) has not complied with the Order of a Review Officer. The question of whether or not compliance has occurred is the only issue before the Tribunal on such application (see section 24(5.2) of the Act). The Employer bears the onus of satisfying the Tribunal that it has complied with the Order.

4The Employer’s response in this matter was due 10 days after it was served with the referral, which the Office certified would occur by March 6, 2017. No response was filed, nor has there been any other written communication from the Employer to the Tribunal. In the absence of a response from the Employer, the Tribunal can only conclude that the Employer has not complied with the Order.

5Unless the Employer delivers to the office and files with the Tribunal by April 19, 2017, 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.

6I am not seized.