Pay Equity Office v PlanIT Search Inc.
PEHT Case No: 3126-19-PE
Pay Equity Office, Applicant v PlanIT Search Inc., Respondent
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: June 17, 2020
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”) filed by the Pay Equity Office to enforce compliance with the Order dated June 12, 2019.
The response was due in February 2020, before the Province declared an emergency because of the pandemic. The Tribunal has not received a response, despite providing a significant time period to allow for the potential that a late response was filed but had not been received because of the effect of the current pandemic on the Tribunal’s ability to receive and deliver mail in hardcopy.
Notwithstanding, in accordance with Ontario Regulation 73/20 enacted under Section 7.12 of the Emergency Management and Civil Protection Act, the Board is exercising its discretion so that the timelines set out in the Tribunal’s Rules of Procedure and the Act continue to apply to this proceeding.
Section 4.2(1) of the Statutory Powers Procedure Act, R.S.O. 1990, permits a panel of one to determine this issue. Furthermore, the applicant has agreed that this matter can be determined by a sole presiding officer.
Accordingly, the Tribunal will proceed based on the uncontested facts pled in the application.
The Review Officer issued her order to the respondent on June 12, 2019. In that order, she found that the respondent had not disclosed relevant documents required for her to make a determination under the Act, and that the respondent had not implemented a pay equity process as requested by section 7(1) of the Act. The Tribunal has not received an application to review that June 12, 2019 order from the respondent.
Accordingly, I make the following orders as sought by the applicant:
Within two days of receipt of this order, the respondent is directed to post a copy of this Order in a prominent place in the workplace that is accessible to all employees, and to email a copy of this Order to each of its employees;
Within five days of receipt of this order, the respondent is directed to mail a copy of this Order to employees who worked in a female job class since September 2007;
Within 30 days of receipt of this order, the respondent is directed to:
a. Identify all female, male and gender-neutral job classes that existed in the establishment since September 2007;
b. Distribute a questionnaire or collect job information for each of the female and male job classes; and
c. Provide the applicant, specifically the review officer who issued the June 12, 2019 order, with a list of job classes and job information collected, including job rates and gender predominance for all job classes since September 7, 2007;
- Within 40 days of receipt of this Order, the respondent is directed to:
a. Evaluate each of the job classes for which information was collected using skill, effort, responsibility and working conditions in a gender-neutral manner;
b. Provide the applicant, and specifically the review officer who issued the June 12, 2019 decision, with the job evaluation tool and evaluation results; and
c. Provide the applicant, and specifically the review officer who issued the June 12, 2019 decision with job descriptions for all female and male job classes;
- Within 50 days of receipt of this Order, the respondent is directed to:
a. Compare each of the female job classes with potential male comparators using the job-to-job or proportional value methods of comparison; and
b. Provide the applicant, and specifically the review officer who issued the June 12, 2019 decision with the comparison results and supporting documentation;
- Within 60 days of receipt of this Order, the respondent is directed to:
a. Calculate the differences in the job rate, if any, for each of the female job classes and their male comparators from September 2007;
b. Calculate interest on all retroactive adjustments, if any, as follows:
Amount owed to employee x interest rate (calculated in accordance with the provisions of the Courts of Justice Act, R.S.O. 1990); and
c. Provide the adjustment calculation for each affected employee; and
- Within 70 days of receipt of this Order, the respondent is directed to:
a. 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 since September 2007; and
b. Provide the applicant, and specifically the review officer who issued the June 12, 2019 decision, with proof of all payments made under these Orders.
Dated at Toronto, Ontario this 17th day of June, 2020.
"M. David Ross" M. David Ross, Chair