PEHT Case No: 2000-18-PE
Glen Hill Terrace Christian Homes Inc., Applicant
BEFORE: M. David Ross, Chair
DECISION OF THE TRIBUNAL: April 18, 2023
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended (“the Act”).
Section 4.2 of the Statutory Powers Procedure Act permits a panel of one to issue this procedural/interlocutory decision.
On November 26, 2021, the Tribunal issued a final decision regarding the appeal of an Order. In that decision, the Tribunal amended the period for which the plan had to go back to from 2005 to March 1, 2011. The remainder of the orders were left in effect. At paragraphs 27 and 28 of the decision, the Tribunal held:
Accordingly, the Tribunal exercises its discretion to vary the temporal scope of the Review Officers’ orders from 2005 to March 1, 2011, and the time periods for complying with these directions are from the date of this decision. Otherwise, the orders remain in effect as written.
Once the parties have completed the steps of the pay equity process internal to Glen Hill, the parties are directed to write to the Tribunal indicating this fact, and the Tribunal will provide direction about how they are to use proxy male comparators for the purpose of pay equity maintenance.
The Tribunal received correspondence dated April 18, 2023 from the union. The union set out that “the parties have completed retrieval of job data and have fully evaluated the classifications within the two homes. There has been a huge delay in obtaining the external male comparators so we can complete this file”, and that they are “seeking further direction from [the Tribunal] on the process to obtain the male comparators along with clear instructions on the time to complete that analysis and calculation of any Pay Equity adjustments owing to these employees”.
From the letter, it is not clear to the Tribunal whether paragraphs 30(i) to (viii) of the Review Officer’s Order have been completed, and the parties are seeking direction pursuant to paragraph 28 of the Order.
If paragraphs 30(i) to (viii) of the Order have not all been completed, then the parties are directed to return to Review Services to assist with finalizing those elements of the order forthwith.
If paragraphs 30(i) to (viii) of the Order have been complied with, then the Tribunal directs the parties to, by no later than April 25, 2023, write to the Tribunal and confirm that this has occurred, and that the only item remaining is to receive direction about how they are to use the proxy method of comparison to determine the proxy male comparators for the purpose of maintaining pay equity.
Upon receiving receipt of a letter pursuant to the above paragraph, the Tribunal will schedule a pre-hearing conference with the parties.
"M. David Ross" Chair