Pay Equity Hearings Tribunal
PEHT Case No: 2350-21-PE
Ontario Public Service Employees Union, Applicant
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: March 21, 2022
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7 as amended ("the Act").
Section 4.2(1) of the Statutory Powers Procedure Act, R.S.O. 1990, permits a panel of one to determine this issue
An application was filed on March 18, 2022, whereby the applicant seeks a review of the Review Officer's decision dated November 16, 2021. However, the applicant has not listed a responding party in the application or filed a certificate of delivery confirming that it has delivered the application to a responding party/parties.
Applications filed with the Tribunal require a responding party to be named if it is to be processed. Furthermore, Rules 14 and 15 of the Tribunals Rules of Practice state:
The completed Application must be served on all Respondents.
One copy of the Application, together with a Certificate of Delivery (Form 3), must be filed with the Tribunal no later than five (5) days after the effective date of service on the Respondent(s).
Accordingly, this application was not properly filed and it is terminated without prejudice to the applicant's right to refile a fresh application that names the responding party/parties which is accompanied by a certificate of delivery in accordance with the Tribunal's Rules of Practice. The Tribunal notes that it will accept electronic mail as an accepted method of delivery in any subsequent application so long as the applicant has a basis to believe the email addresses are used by the responding party/parties.
"M. David Ross"____
M. David Ross, Chair