Pay Equity Hearings Tribunal
PEHT Case No: 0134-18-PE
Canadian Union of Public Employees, Local 1328, Applicant v Toronto Catholic District School Board, Respondent
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: August 18, 2020
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
This application was adjourned sine die following a Pre-Hearing Conference pending the resolution of Tribunal File No. 0288-15-PE.
The Review Officer decided not to investigate the underlying complaint pursuant to sections 23(2) and (3) of the Act because Tribunal File No. 0288-15-PE was before the Tribunal at that time.
The Tribunal has since dismissed Tribunal File No. 0288-15-PE. The applicant has requested this matter to be relisted. The hearing date is scheduled for September 14, 2020.
The September 14, 2020 hearing will be conducted by video hearing and will be used to determine what matters, if any, will proceed to a hearing with consideration to the disposition in Board File No. 0288‑15-PE and the Review Officers’ decision not to investigate the complaint because of the similarity of the issues raised in that matter and the instant case.
The applicant is directed to file its submissions electronically regarding its position on what issues are outstanding and properly before the Tribunal, and its full particulars in support of its positions by no later than September 1, 2020. This includes citing any case law that it intends to rely upon at the September 14, 2020 hearing date.
The respondent is directed to file its submissions electronically regarding its position on what issues are outstanding and properly before the Tribunal, and its full particulars in support of its positions by no later than September 8, 2020. This includes citing any case law that it intends to rely upon at the September 14, 2020 hearing date.
The parties are advised that given that this application was filed well before the current pandemic and the contemplation that this hearing would proceed by video hearing, the parties are directed to file any document that they wish to rely upon at the September 14, 2020 hearing date electronically.
The Tribunal is mindful that this application involves a school board, and the September hearing date was set prior to knowledge of the unique “back to school” challenges that both parties must currently be facing. If the parties request an extension of time on consent to file these submissions and to reschedule the September 14, 2020 hearing date, it will be granted without the Tribunal requiring additional reasons.
Dated at Toronto, Ontario this 18th day of August, 2020.
“M. David Ross” .
M. David Ross, Chair