Jennifer Trumble, and Margo Reid v. The Corporation of the Township of Limerick, 2022 CanLII 106805

Pay Equity Hearings Tribunal

PEHT Case No: 1566-21-PE

Jennifer Trumble, and Margo Reid, Applicants v The Corporation of the Township of Limerick, Respondent

BEFORE: Lindsay Lawrence, Vice-Chair, Carla Zabek and Carol Phillips, Board Members

DECISION OF THE TRIBUNAL: October 26, 2022

1This is an application filed pursuant to section 24(5) of the Pay Equity Act, R.S.O. 1990, c.P.7 as amended (“the Act”).

2A hearing took place in this matter on October 25, 2022. At the end of the hearing date, the respondent’s first witness, Janice MacKillican, remained under cross-examination. During the course of that cross-examination, the applicant made a request for the following documentation: a copy of “Option 3” of the Pay Equity Plan as presented at the Council meeting held on February 20, 2019, and copies of two job offers made for the position of Public Works Supervisor, made between October 22 to November 19, 2019, with redaction of the names of the individuals to whom the job offers were made.

3Counsel to the respondent has undertaken to look for the requested documentation. If there is no objection to producing one or more of the requested documents, the respondent is directed to produce a copy of the document(s) to the applicants by no later than December 1, 2022. If there is an objection to producing one or more of the requested documents, the respondent is directed to have the document(s) available electronically at the beginning of the next hearing date, at which time the Tribunal will hear and decide upon the objection.

4At the next day of hearing, cross-examination may be resumed for purposes of any questions related to any new documents produced and to questions not previously covered.

5The applicants are directed to file with the Board, and with copy to the respondent, all documents upon which they intend to rely, which have not already been submitted in the two affidavits from the respondent. The applicants shall provide an index to these documents, with the documents under separate numbered tabs. These materials are to be submitted through the Board’s electronic filing system by no later than December 7, 2022.

6The Registrar is directed to schedule the following hearing dates for continuation of this matter: January 13, 19, 25 and March 24, 2023.