PAY EQUITY HEARINGS TRIBUNAL
PEHT Case No: 2023-17-PE
Pay Equity Office, Applicant v Mr. India Superstore Inc., Respondent
BEFORE: Roslyn McGilvery, Vice-Chair
DECISION OF THE TRIBUNAL: January 31, 2018
This is a referral under section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (the “Act”).
By decision dated January 18, 2018, the Tribunal (differently constituted) stated the following at paragraphs 3 to 5:
The 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.
The 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.
Unless 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.
The Tribunal has not received any timely submissions from the respondent Mr. India Superstore Inc. (the “Employer”). Under the circumstances, the Tribunal finds that the Employer has not complied with the Review Officer’s Order dated September 11, 2017. The Tribunal orders the Employer to do the following:
a) Within two (2) days of receipt of the Tribunal's order, post a copy of the Tribunal's order in a prominent place in the workplace that is accessible to all employees.
b) Within thirty (30) days of the Tribunal's order, provide to the Review Officer:
•payroll data for 2013 to 2016;
•a list of current employees and gender;
•T4 summaries for 2013-2016; and
•a list of job titles and job descriptions for all positions in the organization.
c) Within forty (40) days of the Tribunal's order:
•Identify the female job classes and potential male comparators that existed in the establishment since January 1, 2011;
•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:
•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 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:
•Calculate the differences in the job rate, if any, for each of the female job classes and their male comparators from January 1, 2011 to date; and
•Calculate interest on all retroactive adjustments, if any, as follows:
Amount owed to employee X interest rate*
2
*(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:
•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 January 1, 2011; and
•Provide the Review Officer with proof of payment.
Dated at Toronto this 31st day of January, 2018.
“Roslyn McGilvery”
Roslyn McGilvery, Vice-Chair