Pay Equity Hearings Tribunal
PEHT Case No: 0215-17-PE
Diana Reynolds, Dawn Khoury, Tara Deguerre, Sylvia Fader, Lynda Gidden, Christine Ferguson, Donald Squires, Laura Mawhinney, Blenda Chan, Wendy Ferguson, and Carol Blakslee, Applicants v Southlake Residential Care Village, Respondent
BEFORE: Patrick Kelly, Alternate Chair
DECISION OF THE TRIBUNAL: November 30, 2018
1This is an application under the Pay Equity Act, R.S.O. 1990, c. P.7, as amended.
2Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
3In a decision dated November 14, 2018, the Tribunal wrote:
The Tribunal has been informed that, on or about November 15, 2018, the responding party will submit a written offer to settle all issues in dispute to the five applicants represented by counsel as well as to the six self-represented applicants. As the Tribunal understands it, this offer to settle is conditional upon all applicants agreeing to its terms and executing the settlement document and a Release on or before November 23, 2018, failing which it is withdrawn in its entirety.
Any applicant who declines to execute the settlement document and Release on or before November 23, 2018 is directed, either individually or in combination with other applicants who wish to proceed with this matter to a hearing, to file with the Tribunal and deliver to the respondent employer and its legal counsel a written statement identifying the issues that the applicant(s) anticipates are to be decided by the Tribunal, as well as the names of any witnesses to be called to testify on behalf of the applicants. This written statement is to be provided on or before November 28, 2018.
Should this matter proceed to hearing as scheduled commencing on December 4, 2018, the applicants should anticipate that they will proceed to call their evidence first. Any applicant who has not settled with the respondent and who fails to appear at the hearing on December 4, 2018 should anticipate that the application will be dismissed in respect of that individual applicant without further notice.
4The Tribunal has received no written statements as referred to in paragraph 4 of the November 14, 2018 decision. It therefore appears that none of the applicants wishes to proceed with this matter.
5Accordingly, the application is terminated.
6The hearing dates scheduled for December 4, 5 and 6, 2018 are cancelled.
Dated at Toronto this 30th day of November 2018.
“Patrick Kelly”____________
Patrick Kelly, Alternate Chair