Pay Equity Office v Ascari Enoteca Restaurants Limited
PEHT Case No: 3029-16-PE
Applicant: Pay Equity Office
Respondent: Ascari Enoteca Restaurants Limited
Before: Mary Anne McKellar, Chair
Decision of the Tribunal: April 21, 2017
Decision
This is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
By decision dated April 7, 2017, I advised the parties as follows:
Unless 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.
The Employer has not filed any submissions with the Tribunal.
The Employer is directed to do the following:
(a) Within two (2) days of receipt of the Tribunal's Order to post a copy of this Order in a prominent place in the workplace that is accessible to all employees and forward a copy of the Tribunal's Order by mail to former employees who worked in a female job class;
(b) Within seven (7) days of receipt of the Tribunal's Order to provide documentation to the Review Officer to support that this step was taken;
(c) Within thirty (30) days of the Tribunal's Order to identify the female job classes and potential male comparators that existed in the establishment since December 2, 2012;
(d) Distribute a questionnaire or collect job information for each of the female job classes and potential male comparators and provide copies of same to the Review Officer;
(e) Within forty (40) days of the Tribunal's Order to evaluate each of the job classes for which information was collected using skill, effort, responsibility and working conditions in a gender neutral manner and provide the Review Officer with copies of the questionnaire or collected job information and the evaluation results;
(f) Within fifty (50) days of the Tribunal's Order to Compare each of the female job classes using the job-to-job or proportional value methods of comparison and provide the Review Officer with the comparison results and supporting documentation;
(g) Within sixty (60) days of this Order to calculate the differences in the job rate, if any, for each of the female job classes and their male comparators from December 2, 2012, to date, and calculate the interest on all retroactive adjustments;
(h) Provide copies of the above to the Review Officer and each affected employee;
(i) Within seventy (70) days of the Tribunal's Order to pay any and all outstanding pay equity adjustments and interest owed to all current and former employees of the company who worked in a female job class at any time on or after December 2, 2012, and provide the Review Officer with proof of payment.
Dated at Toronto, Ontario this 21st day of April, 2017.
"Mary Anne McKellar" Mary Anne McKellar, Chair