Employment and Labour Law - OPEHT

The Pay Equity Office referred a Review Officer's Order for enforcement, while the employer applied to object to the Order.

The Tribunal previously dismissed the employer's objection except regarding whether one employee had relinquished her entitlement by executing a release.

As the employee failed to file submissions opposing the employer's position, the Tribunal varied the Order to exclude her from the pay equity adjustments.

The Tribunal also directed a conference call to address the Pay Equity Office's unusual request to adjourn the enforcement application in part and proceed in part.

The Pay Equity Office referred a matter to the Tribunal under subsection 24(5) of the Pay Equity Act regarding the employer's failure to comply with Orders issued by a Pay Equity Review Officer.

The parties reached an agreement on the remedial consequences.

The Tribunal ordered the employer to pay the unionized and non-unionized employees the pay equity adjustments, including interest, and to adjust their job rates in accordance with the agreed schedule.

The matter was terminated.

The Pay Equity Office referred a Review Officer's Order for enforcement against the Sexual Assault Support Centre of Ottawa.

The Employer objected, arguing one employee had signed a release depriving her of entitlement.

After the Tribunal directed a Pre-Hearing Conference, the Employer provided new information that the employee had not received notice and that it had made or scheduled payments to other employees.

The Tribunal cancelled the Pre-Hearing Conference, directed the Employer to provide written submissions to the employee regarding the release, and directed the Pay Equity Office to advise on how the enforcement application should proceed given the Employer's ongoing compliance efforts.

The Pay Equity Office referred a matter to the Tribunal asserting that the respondent employer failed to comply with a Review Officer's Order.

The employer failed to file a response by the deadline.

The Tribunal concluded that the employer had not complied with the Order and directed that unless the employer filed submissions by April 8, 2016, an order would be made in the form requested by the applicant.

The Civic Association of Non-Union Employees (CANUE) requested an extension of time to file a response and represent employees objecting to the 2005 Pay Equity Plan posted by the employer.

The Pay Equity Hearings Tribunal granted the extension to June 15, 2011, and directed CANUE to provide a list of employees it represents.

The Tribunal also directed the employer to bring the decision to the attention of the employees and noted that the employer is not required to file a response until directed to do so.

The applicant employer and respondent union consented to the Tribunal resolving their outstanding disputes regarding a Pay Equity Plan based on filed materials.

The Tribunal ordered the parties to execute a Pay Equity Plan incorporating agreed-upon job class bands, male comparators, and retroactive adjustment dates as set out in an appendix.

The Order of the Review Officer was varied accordingly.

The parties previously agreed to adjourn the matter sine die to January 1, 2011.

As neither party requested that the matter be scheduled for a hearing, the Tribunal adjourned the matter sine die for a further period of one year, noting that it will be deemed terminated if no request for a hearing is made within that time.

The Pay Equity Hearings Tribunal received an application to set aside a Review Officer's order regarding an amended pay equity plan, as well as numerous objections to the plan from other employees.

The Tribunal directed that all objections be combined into a single file and ordered the applicants to file formal applications within 15 days.

The applicant filed an application with the Pay Equity Hearings Tribunal regarding a complaint made to the Pay Equity Commission.

The application did not include a copy of the Review Officer's Order or decision, nor did it explain why the Tribunal should accept the application before the Review Officer concluded their investigation.

The Tribunal directed the applicant to provide the missing documents or an explanation within 10 days, failing which the application would be automatically terminated.

The parties agreed to adjourn the matter sine die.

The Tribunal ordered the matter adjourned for a period not exceeding one year, after which it will be deemed terminated if no party requests to proceed.

The union requested a teleconference regarding the employer's alleged failure to communicate its progress in achieving pay equity, as ordered in a previous decision.

The Tribunal denied the request as premature, noting that the 90-day compliance period had not yet expired.

The union may renew its request if the employer fails to comply after the period expires.

The applicant, Norwood Nursing Home, applied to revoke a Review Officer's order under the Pay Equity Act.

The Pay Equity Office filed a motion seeking standing to intervene.

The Tribunal granted the Pay Equity Office standing to intervene, finding that its expertise concerning policy, factual, or legal issues would assist the Tribunal.

The matter was referred to the Registrar to be listed for a pre-hearing conference.

The parties agreed to adjourn the matter sine die for a period not exceeding six months.

The Tribunal ordered the adjournment, noting that the matter would be deemed terminated without further notice if no party requested to proceed within that time.

The applicant failed to file an Amended Application and a letter from its auditors as directed by a previous Tribunal decision.

Consequently, the Tribunal terminated the matter.

The applicant employer sought clarification on whether a schedule detailing employee names and amounts owing, as found by the Review Officer, should be included with the Order when distributed to existing and former employees.

The Pay Equity Hearings Tribunal directed that the schedule must be included with the Order as per its previous direction.

The parties filed applications with the Pay Equity Hearings Tribunal.

The applications were withdrawn with leave of the Tribunal.

The employer, Three Trilliums Community Place Inc., filed an application with the Pay Equity Hearings Tribunal seeking to revoke or vary two orders issued by a Review Officer.

The orders found the employer to be a seeking employer for the proxy method of comparison and that it failed to implement a pay equity plan.

The employer argues it is not a public sector employer under the Pay Equity Act.

The Tribunal issued a Notice to Employees advising them of the application and their right to participate in the proceedings.

The applicant union sought to withdraw its application against the responding party health care group.

The Pay Equity Hearings Tribunal granted leave and the application was withdrawn.

The employer requested an extension of time to comply with a Review Officer's order, which the Tribunal had previously directed it to comply with in a final decision.

The Pay Equity Office opposed the request, noting the employer's history of delaying implementation.

The Tribunal declined to reconsider its final decision and refused to extend the time for compliance, warning the employer that failure to comply could result in enforcement proceedings in court.

The applicant employer filed an application with the Pay Equity Hearings Tribunal challenging a Review Officer's order to make pay equity adjustments for three female job classes.

The employer claimed the job classes were over-evaluated by mistake but provided no substantiating information.

The Tribunal directed the applicant to amend its application to comply with Rule 12 of the Rules of Practice by pleading material facts and providing details of the alleged over-evaluation.

The Tribunal also ordered the applicant to identify and serve the amended application on all current and former incumbents of the affected positions, failing which the application would be dismissed.