Pay Equity Hearings Tribunal
PEHT Case No: 1129-23-PE
Service Employee International Union (SEIU), Local 1 Canada, Applicant v Orillia Soldiers Memorial Hospital, Respondent
BEFORE: Douglas Sanderson, Vice-Chair
APPEARANCES: Isabelle Roy-Nunn and Emily Denomme appearing for the applicant; and Carolyn Kay appearing for the respondent
DECISION OF THE TRIBUNAL: January 18, 2024
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 the respondent has improperly created new job classes for Registered Practical Nurse classifications under the guise of a maintenance exercise. The respondent submits that creation of the new job classes was a reasonable outcome of pay equity maintenance in the circumstances of its operations.
The parties appeared before the Tribunal on January 15, 2024 for a pre-hearing conference. The parties agreed to a schedule for addressing procedural issues, as follows:
a. By no later than 5 p.m. on January 23, 2024, the respondent will make initial disclosure (i,e. of the documents it has been able to gather in the period) to the applicant in response to the applicant’s disclosure request set out in its letter to the respondent of January 11, 2024;
b. By no later than 5 p.m. on February 8, 2024, the respondent will disclose to the applicant the remainder of the documents requested in the applicant’s disclosure request set out in its letter to the respondent of January 11, 2024;
c. By no later than 5 p.m. on February 29, 2024, the applicant will provide a list of facts that it understands are not in dispute to the respondent;
d. By no later than 5 p.m. on April 2, 2024, 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;
e. By no later than 5 p.m. on April 23, 2024, 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 Board 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;
f. By no later than 5 p.m. on May 3, 2024, the parties shall file with the Tribunal and deliver to each other witness statements for each of their expected witnesses. The parties shall also file with the Tribunal and deliver to each other 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.
The Registrar is directed to schedule a further pre-hearing conference on May 15, 2024 with the presiding panel. The presiding panel shall determine any issues regarding the manner in which evidence is presented or any issues that arise under 2(f) above.
The Registrar is directed to set September 19 and 23, 2024, and October 2, 3 and 21, 2024 as hearing dates in this matter. This matter will be heard by video hearing.
“Douglas Sanderson”
Douglas Sanderson, Vice-Chair