Pay Equity Hearings Tribunal
PEHT Case No: 2001-18-PE
Applicant: Glen Hill Terrace Christian Homes Inc.
Respondent: Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110
Intervenors: Pay Equity Office, Participating Nursing Homes, Ontario Public Services Employees Union, Attorney General on behalf of the Crown in Right of Ontario, Equal Pay Coalition and the Ontario Federation of Labour, Service Employees International Union, Local 1, Ontario Agencies Supporting Individuals with Special Needs, Ontario Long Term Care Association, and Ontario Nurses' Association
Before: M. David Ross, Chair
Decision of the Tribunal: February 28, 2024
Decision
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 single presiding officer to decide this procedural or interlocutory matter.
The Tribunal is in receipt of submissions filed the by Ontario Agencies Supporting Individuals with Special Needs pursuant to the Tribunal’s directions. In their submissions, OASIS references that it has not had the opportunity to review the pleadings in this matter.
To provide context for the underlying dispute, the November 23, 2021 decision addressed whether the Review Officer’s order that the applicant’s amended pay equity plan must go back to 2005 was impossible in the circumstances. The underlying application did not address any of the technical elements of the pay equity plan. The parties have advised that they have completed the steps directed by the Tribunal, up to the point of using the proxy male comparators for the purpose of pay equity maintenance.
However, there is wisdom in providing the pleadings and the order to the intervenors in this case to ensure that they have as full information as possible for when they prepare their submissions regarding the process that they wish the Tribunal to consider directing for how these parties are to use the proxy method in the maintenance process.
Accordingly, the Tribunal directs the Registrar to deliver to the intervenors, the application dated September 24, 2018, the response submissions filed August 3, 2021, the submissions dated August 24, 2021, the submissions dated September 10, 2021, and the Order dated December 14, 2017. The documents will be delivered to the contact individuals as identified by the intervenors.
“M. David Ross”
M. David Ross, Chair