Pay Equity Office v. CDT International of Ottawa Inc., 2017 CanLII 39498

PEHT Case No: 0340-17-PE

Pay Equity Office, Applicant v CDT International of Ottawa Inc., Respondent

BEFORE: Mary Anne McKellar, Chair

DECISION OF THE TRIBUNAL: June 20, 2017

Decision

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

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

[3]. By decision dated June 8, 2017, I found that the Employer had failed to comply with the Order, and made the following direction:

Unless the Employer delivers to the office and files with the Tribunal by June 16, 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.

[4]. The Employer has filed no submissions with the Tribunal pursuant to the above direction. The Employer is therefore ordered to do the following:

(a) Within two (2) days of receipt of the Tribunal's order to post a copy of the Tribunal's decision in a prominent place in the workplace that is accessible to all employees

(b) Within thirty (30) days of the Tribunal's order to provide the Review Officer with the following information:

payroll data for 2013 to 2016
a list of current employees and gender
T4 summaries for 2013-2016
a list of job titles and job descriptions for all
bargaining agent's collective agreements (if applicable)

Identify the female job classes and potential male comparators that existed in the establishment since January 1, 1999;
Distribute a questionnaire or collect job information for each of the female job classes and potential male comparators; and,
Provide the Review Officer with a list of job classes and job information collected.

(d) Within fifty (50) 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;
Provide the Review Officer with the job evaluation tool used, evaluation results and the job rates of the female job classes and potential male comparators.

(e) Within sixty (60) days of the Tribunal's order:

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.

(f) Within seventy (70) days of the Tribunal's Order to:

Calculate the differences in the job rate, if any, for each of the female job classes and their male comparators from January 1, 1999 to date;
Calculate interest on all retroactive adjustments, if any, as follows:

Amount owed to employee X interest rate*

*(Bank of Canada prime rate of interest at the time the first payment was required)

(g) Provide the Review Officer with copies of the calculations and each affected employee with their own calculations.

(h) Within eighty (80) 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 and,
Provide the Review Officer with proof of payment.

[5]. The Office's request that the Tribunal confirm the Review Officer's order is dismissed. The Tribunal has no jurisdiction on a referral to do anything other than determine whether an order has been complied with.

Dated at Toronto, Ontario this 20th day of June, 2017.

"Mary Anne McKellar" Mary Anne McKellar, Chair