PEHT Case No: 0036-22-PE
Service Employees International Union, Local 1 Canada, Applicant v Bluewater Health, Respondent
BEFORE: M. David Ross, Chair, Stephen Roth and Patricia Greenside, Members
DECISION OF THE TRIBUNAL: May 16, 2022
1This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”). This application was filed on April 5, 2022.
2In this application, the applicant complained that it has taken too long for Review Services to issue a decision in a complaint and that met the condition that the “review officer was unable to effect a settlement of complaint” and that the review officer had a “reasonable” amount of time to affect the settlement.
3The Tribunal then received a copy of the Review Officer’s decision dated April 28, 2022. This Order appears to address the applicant’s complaints raised in the application.
4The Pay Equity Office is the statutory body responsible for the enforcement of the Act. It has fulfilled this function in this case. Section 33(1) of the Act:
The Pay Equity Office is responsible for the enforcement of this Act.
5Accordingly, this application was filed prematurely, and it is dismissed without prejudice to either party filing a fresh application with respect to the April 28, 2022 Order.
6This decision does not stand for the proposition that an applicant can file an application with the Tribunal while its complaint is before Review Services. Rather, the Tribunal does not need to consider the applicant’s arguments that the Tribunal could assume jurisdiction over such an application on the facts of this application.
“M. David Ross”
M. David Ross, Chair
“Stephen Roth”
Stephen Roth, Member
“Patricia Greenside”
Patricia Greenside, Member