PEHT Case No: 1140-17-PE
Pay Equity Office, Applicant v Norfolk Association for Community Living, Respondent
BEFORE: Mary Anne McKellar, Chair and members Carla Zabek and Carol Phillips
DECISION OF THE TRIBUNAL: September 25, 2017
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. The responding party employer (“the Employer”) did not file a response to this referral application. By decision dated August 31, 2017, the Tribunal therefore concluded that it had not complied with the Review Officer’s Order.
3. The August 31, 2017 decision also directed the Employer to file submissions respecting the consequences of its non-compliance. It did not do so.
4. By decision dated September 14, 2017, the Tribunal directed the Employer to pay the monetary adjustments (plus interest) that the Review Officer had calculated as owing to the affected employees. This file was then closed. The Pay Equity Office (“the Office”) is now in a position to enforce the decision in the courts.
5. By letter dated September 20, 2017, the Employer seeks to appeal the Order, although it does not in fact state any objection to the substance of the Order and acknowledges that its employees are owed pay equity adjustments. It also appears to suggest that it has paid some adjustments encompassed by the Order. The Employer seeks to have the Tribunal extend the time for payment of the outstanding amounts. No compelling reason is advanced for not having addressed this referral application sooner. The Employer’s correspondence does not appear to have been delivered to the Office.
6. Essentially the Employer seeks to have the Tribunal reconsider and vary its decision dated September 14, 2017. There are however no exceptional circumstances that would warrant such an extraordinary step. The Employer was provided with notice of the referral and ample opportunity to respond. It simply ignored or overlooked the matter.
7. The Employer is directed to deliver a copy of its correspondence to the Office, as its contents appear relevant to any decision the Office may make about next steps in enforcement.
Dated at Toronto, Ontario this 25th day of September, 2017.
"Mary Anne McKellar" Mary Anne McKellar, Chair
"Carla Zabek" Carla Zabek, Member
"Carol Phillips" Carol Phillips, Member