PEHT Case No: 3297-15-PE
Teranet Inc., Applicant
BEFORE: Roslyn McGilvery, Vice-Chair
DECISION OF THE TRIBUNAL: April 5, 2017
[1]. This is an application under the Pay Equity Act, R.S.O. c. P.7, as amended (“the Act”) which is scheduled for a hearing on April 7, 2017.
[2]. Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to issue this decision.
[3]. By decision dated April 4, 2017, the Tribunal declined to adjourn the April 7, 2017 hearing because there did not appear to be a sufficient factual basis to determine this issue by way of written submissions as the applicant has requested.
[4]. The applicant has written in to confirm that it intends to have its witness prepare a sworn affidavit in order to provide the Tribunal with the necessary facts. I note that the Pay Equity Commission has not filed a response in this matter. The applicant has indicated that while it has been in contact with the Pay Equity Commission in order to narrow the issues relating to the Review Officer’s Order, its understanding is that the Pay Equity Commission does not intend to participate in this matter. It has indicated that the Pay Equity Commission does not oppose its request.
[5]. The applicant has also advised that its counsel and intended witness are not available for the April 7, 2017 hearing, even though it was scheduled by the Tribunal on December 19, 2016.
[6]. The Tribunal is not prepared to have this matter dealt with in writing at this time. However, given that there is no opposition to the applicant’s request to adjourn, the Tribunal is prepared to adjourn the April 7, 2017 hearing date. This matter is re-scheduled for hearing on June 6, 2017 at the Board’s offices. If the applicant still wants its witness to provide affidavit evidence, the following stipulations shall apply:
The applicant must file its affidavit no later than April 19, 2017;
After reviewing the affidavit, the Tribunal will determine whether the June 6, 2017 hearing will proceed in person or electronically; and
The applicant must ensure that its affiant is available for questioning by the Tribunal during the hearing on June 6, 2017. At the hearing the Tribunal may ask the affiant questions and the Tribunal will entertain legal submissions.
Dated at Toronto, Ontario this 5th day of April, 2017.
"Roslyn McGilvery" Roslyn McGilvery, Vice-Chair