Pay Equity Hearings Tribunal
PEHT Case No: 1381-22-PE
OPSEU/SEFPO, Applicant v Mohawk College, Respondent
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: December 20, 2022
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7 as amended (“the Act”).
The respondent filed a letter with the Tribunal dated December 20, 2022. In that letter, the respondent requested the hearing date to be rescheduled on consent and clarification about what the hearing date will be used for.
In the response, the responding party has brought a Motion to Dismiss based on its position that the Tribunal lacks jurisdiction in this matter.
By decision dated December 6, 2022, the Tribunal set out the purpose of the hearing:
The Registrar is directed to set a hearing date for the Tribunal to hear the parties’ oral submissions on the respondent’s preliminary objections to the Tribunal’s jurisdiction. The hearing shall be set before April 15, 2023.
The December 6, 2022 decision also set out the schedule for when the parties are to file their submissions regarding these preliminary objections.
As set out in the December 6, 2022 decision, the purpose of the hearing is to hear the parties’ submissions with respect to the respondent’s preliminary objections. If the respondent is successful in its claim that the Tribunal lacks jurisdiction, then there is no need for a pre-hearing conference, or any other procedural step in this matter. If the respondent’s preliminary objections are not successful, then a pre-hearing conference will be scheduled.
The parties are directed to consult between themselves, and by no later than January 6, 2023, provide the Tribunal with no less than four alternative dates to hear this matter. The Registrar shall reschedule the January 19, 2023 hearing date to one of those dates, subject to the Tribunal’s availability.
"M. David Ross"____
M. David Ross, Chair