PEHT Case No: 2023-17-PE
Pay Equity Office, Applicant v Mr. India Superstore Inc., Respondent
BEFORE: Mary Anne McKellar, Chair
DECISION OF THE TRIBUNAL: January 18, 2018
1This is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
2Section 4.2(1) of the Statutory Powers Procedure Act permits a panel of one to decide this matter.
3The Pay Equity Office (“the Office”) asserts that the respondent (“the Employer”) has not complied with the Order of a Review Officer. The question of whether or not compliance has occurred is the only issue before the Tribunal on such application (see section 24(5.2) of the Act). The Employer bears the onus of satisfying the Tribunal that it has complied with the Order.
4The Employer’s response in this matter was due on November 10, 2017. No response was filed, nor has there been any other written communication from the Employer to the Tribunal. In the absence of a response from the Employer, the Tribunal can only conclude that the Employer has not complied with the Order.
5Unless the Employer delivers to the Office and files with the Tribunal by January 26, 2018, 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.
6I am not seized.
Dated at Toronto, Ontario this 18th day of January, 2018.
"Mary Anne McKellar" Mary Anne McKellar, Chair