Pay Equity Hearings Tribunal
PEHT Case No: 0499-22-PE
South Bruce Grey Health Centre, Applicant v Ontario Public Service Employees Union, Local 275 (Office and Clerical), Respondent
BEFORE: M. David Ross, Chair, Lori Bolton and Stephen Roth, Members
DECISION OF THE TRIBUNAL: April 28, 2023
This is an application under the Pay Equity Act, R.S.O. 1990, c.P.7, as amended, (“the Act”). In this application, the applicant submits that it can use the job-to-job method of comparison during the maintenance phase of pay equity. The respondent submits that the proportional value method should continue to be used.
A hearing date was scheduled for April 28, 2023. By letter dated April 27, 2023, the parties requested to use the hearing date to mediate their disputes. Prior to the commencement of the April 28, 2023 date, by letter dated April 28, 2023, the Tribunal received a request to adjourn the hearing date because of a family illness.
The April 28, 2023, hearing date has been cancelled.
As per the parties’ request for mediation, the Chair will appoint a mediator to assist the parties in their mediation efforts.
If the parties are unable to resolve their issues through mediation, the Tribunal directs:
a) By no later than June 12, 2023, the parties will file any documents that they wish to rely on during this hearing.
b) By no later than June 12, 2023, the applicant will file a signed witness statement for any witness they intend to call in this matter.
c) By no later than June 19, 2023, the respondent to file a signed witness statement for each witness it intends to call.
d) By no later than June 26, 2023, the applicant will file any witness statement for any witness it intends to call arising out of the respondent’s witness statement.
e) Any authorities the parties wish to rely on must be filed with the Tribunal by July 7, 2023.
The hearing dates are scheduled on July 11 and 13, 2023. Since the dispute between the parties is relatively narrow, the Tribunal sees no reason why it would not be able to receive any evidence and arguments within these two hearing dates.
The applicant will proceed with its evidence first. Each witness will adopt their witness statement under oath or affirmation. Counsel will be provided the opportunity to ask questions about issues that arose after they signed their witness statement, such as in response to statements made in other witness statements. The witness will then be subject to cross-examination and redirect as per the normal course.
If the parties decide that they do not wish to call viva voce evidence, then they shall advise the Tribunal of this decision and the applicant will proceed first with its argument on July 11, 2023.
This panel is seized.
"M. David Ross" M. David Ross, Chair
"Lori Bolton" Lori Bolton, Member
"Stephen Roth" Stephen Roth, Member