Commerford v. Niagara Health System, 2019 CanLII 79620

Pay Equity Hearings Tribunal

PEHT Case No: 1248-19-PE

Applicant: Sandra Commerford Respondents: Niagara Health System, and Service Employees International Union, Local 1

Before: M. David Ross, Chair

Decision of the Tribunal: August 21, 2019

1This is an application under 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, R.S.O. 1990, permits a panel of one to determine this issue.

3A summary of the applicant's complaint is that the respondents have not achieved pay equity, as required by the Act, since several hospitals were amalgamated into the Niagara Health System in March 2000.

4The Review Officer found no contravention of the Act because the applicant had no standing to bring a complaint under section 13 of the Act, and that it was premature with respect to pay equity maintenance because the parties "are currently implementing an agreed upon process".

5The respondent, the Niagara Health System has submitted that the Tribunal does not have jurisdiction to deal with the issues raised in this application. The respondent, the Service Employees International Union, Local 1, disagrees that the Tribunal lacks jurisdiction to deal with the issues raised in the application.

6The Registrar is directed to schedule a hearing date that will be used for receiving the parties' submissions on whether the Tribunal has the jurisdiction to consider the issues raised in this application.