Pay Equity Hearings Tribunal
PEHT Case No: 2547-23-PE
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l’Ontario, Local 166, Applicant v Craigwood Youth Services, Respondent
BEFORE: Douglas Sanderson, Vice-Chair
DECISION OF THE TRIBUNAL: June 6, 2024
Decision
[1]. 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 challenges a Notice of Decision issued by the Pay Equity Commission Review Services on September 9, 2022, specifically the finding that the respondent disbursed pay equity adjustments for the 1994 to 2021 period as required, including for the years 2006 and 2007. The applicant also seeks an order declaring that the respondent failed to pay equity adjustments as required by section 13(3) of the Act by failing to ensure that the female job class with the lowest job rate received the highest pay equity adjustments. The respondent submits that the Tribunal should dismiss the application as an abuse of process for delay. The respondent also submits that the issue of whether it failed to ensure that the female job class with the lowest job rate received the highest pay equity adjust was not raised before Review Services, and, as a result, the Tribunal lacks jurisdiction to adjudicate this issue. Regarding the merits of the application, the respondent states that it met its obligation under the Act to provide pay equity adjustments based on one percent of payroll from 1994 onward.
[2]. The parties appeared before the Tribunal on June 5, 2024 for a pre-hearing conference. The parties agreed to a schedule for addressing procedural issues, as follows:
a. Within seven days of the date of this decision, the parties shall advise the Tribunal of 4 dates in the fall of 2024 on which they are available for a hearing of the preliminary issues raised by the respondent and of eight dates in February and/or March 2025 on which they are available for a merits hearing in this matter, if needed. The Tribunal shall select two dates for the preliminary hearing and four dates for the merits hearing from the dates provided by the parties. This matter will be heard by video hearing;
b. By no later than 5 p.m. on September 6, 2024, the respondent will provide a list of facts that it understands are not in dispute regarding the preliminary issues to the applicant;
c. By no later than 5 p.m. on September 20, 2023, the applicant will respond to the respondent’s list of agreed facts. This response will also include facts that it believes are not in dispute that were not included by the respondent. If the applicant does not agree to a fact proposed by the respondent, it will set out the basis for why it does not agree;
d. By no later than 5 p.m. on September 24, 2023, the respondent will set out the basis for any dispute with the applicant’s position on any proposed fact. The respondent will then file with the Tribunal the list of agreed facts, and a separate document containing the list of “not agreed facts” that consists of the facts that were proposed to be agreed by either party and the basis for why they were not agreed. If the parties disagree about what they agreed to, it would be prudent for both parties to retain their copies of any correspondence that set out the disputes;
e. By no later than 5 p.m. on October 4, 2024, the respondent shall file with the Tribunal and deliver to the applicant witness statements for each of its expected witnesses, if any. The respondent shall also file with the Tribunal and deliver to the applicant submissions regarding which of its witnesses should present their evidence in chief in written witness statements and which witnesses should provide their evidence by viva voce testimony;
f. By no later than 5 p.m. on October 11, 2024, the applicant shall file with the Tribunal and deliver to the respondent witness statements for each of its expected witnesses, if any. The applicant shall also file with the Tribunal and deliver to the respondent submissions regarding which of its witnesses should present their evidence in chief in written witness statements and which witnesses should provide their evidence by viva voce testimony;
g. Within three weeks of the release of Tribunal’s decision regarding the respondent’s preliminary objections, assuming the Tribunal does not dismiss the application, the applicant will provide a list of facts that it understands are not in dispute regarding the preliminary issues to the applicant;
h. Within two weeks of receiving the applicant’s list of agreed facts, the respondent will respond to the applicant’s list of agreed facts. This response will also include facts that it believes are not in dispute that were not included by the applicant. If the respondent does not agree to a fact proposed by the applicant, it will set out the basis for why it does not agree;
i. Within ten days of receiving the respondent’s list of agreed facts, the applicant will set out the basis for any dispute with the respondent’s position on any proposed fact. The applicant will then file with the Tribunal the list of agreed facts, and a separate document containing the list of “not agreed facts” that consists of the facts that were proposed to be agreed by either party and the basis for why they were not agreed. If the parties disagree about what they agreed to, it would be prudent for both parties to retain their copies of any correspondence that set out the disputes;
j. Within two weeks of the date on which the final document regarding agreed statement of facts is filed and delivered, the applicant shall file with the Tribunal and deliver to the respondent witness statements for each of its expected witnesses, if any. The applicant shall also file with the Tribunal and deliver to the respondent submissions regarding which of their witnesses should present their evidence in chief in written witness statements and which witnesses should provide their evidence by viva voce testimony; and
k. Within two weeks of the date on which the applicant’s witness statements are filed and delivered, the respondent shall file with the Tribunal and deliver to the applicant witness statements for each of its expected witnesses, if any. The respondent shall also file with the Tribunal and deliver to the applicant submissions regarding which of their witnesses should present their evidence in chief in written witness statements and which witnesses should provide their evidence by viva voce testimony.
Dated at Toronto, Ontario this 6th day of June, 2024.
“Douglas Sanderson”
Douglas Sanderson, Vice-Chair