Ontario Pay Equity Hearings Tribunal

The applicant union wrote to the Tribunal suggesting that two scheduled hearing dates might need to be adjourned and requested further dates be scheduled.

The responding employer objected.

The Tribunal found the adjournment request premature and directed that the hearing proceed as scheduled without cancelling or adding dates unless directed by the hearing panel.

The Pay Equity Office referred a Review Officer's Order to the Tribunal for enforcement.

The responding employer wrote to the Tribunal seeking an extension of time to file its response, conceding non-compliance but asserting an intention to comply.

The Tribunal noted that the sole issue on a referral is whether the employer has complied with the Order, and the employer bears the onus of proving compliance.

The Tribunal granted a short extension of time until February 17, 2017, for the employer to file its response or for the parties to resolve the matter.

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

During a teleconference, the parties jointly requested that the matter be adjourned sine die until September 30, 2017.

The Tribunal granted the request, noting that the matter would be deemed abandoned if no party sought to proceed by that date.

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 under subsection 24(5) of the Pay Equity Act.

The Tribunal received letters from the Pay Equity Commission and the union describing agreements respecting the disposition of the matter.

Noting apparent discrepancies in how the agreement was described, the Tribunal directed the parties to participate in a conference call to clarify the terms and directed the Registrar to schedule the call.

The applicant filed an application under the Pay Equity Act.

The parties subsequently settled the matter pursuant to a Memorandum of Agreement.

In accordance with section 25.1 of the Act, the Tribunal recognized the settlement and closed the file.

The applicant employer brought applications regarding the maintenance of pay equity in connection with union and non-union pay equity plans.

The Tribunal directed submissions on whether to conduct a joint Pre-hearing Conference.

The employer and respondent employees favoured a joint proceeding, while the union requested to review the file before taking a position.

The Tribunal ordered the employer to provide the filings to the union and directed the union to advise of any objections.

The Pay Equity Office referred a Review Officer's Order for enforcement after the employer, Sexual Assault Support Centre of Ottawa, failed to comply.

The employer had previously objected to the Order, but the objection was dismissed except regarding one employee's release.

As the employer conceded non-compliance, the Tribunal directed the employer to make submissions within 10 days regarding the remedial relief sought by the Office.

The applicant and responding party employees requested the consolidation of two applications under the Pay Equity Act concerning the maintenance of pay equity in union and non-union plans.

The Tribunal ordered the applications to be listed together and directed the parties to provide written submissions on the effectiveness of a joint Pre-Hearing Conference.

Three employees filed applications objecting to a pay equity plan ordered by a Review Officer.

The responding party raised an issue regarding the timeliness of two of the applications and requested an extension of time to file its response.

The Tribunal treated all three applications as timely, consolidated them for hearing, and granted the responding party's request for a short extension of time to file a single response.

The applicant employer brought a motion to dismiss the application on a prima facie basis, arguing that the Review Officer's findings and the responding employee's pleadings did not raise a prima facie violation of the Pay Equity Act.

The Pay Equity Hearings Tribunal declined to dispose of the matter on a prima facie basis and directed that the matter proceed to a hearing on the merits.

The applicant filed an application under section 24(6) of the Pay Equity Act.

The Tribunal acknowledged receipt of the respondent's written submissions regarding the applicant's preliminary motion and granted the applicant until June 30, 2016, to file reply submissions.

The applicant filed an application under section 24(6) of the Pay Equity Act.

The Tribunal noted that the applicant and the responding party employee had failed to file their written submissions on a preliminary motion with the Tribunal, having only exchanged them with each other.

The Tribunal directed the responding party to file her written submissions forthwith, failing which the preliminary matter would be determined based solely on the applicant's submissions.

The applicant filed an application under section 24(6) of the Pay Equity Act.

In advance of the scheduled hearing, the Tribunal issued a procedural decision noting that the timeline for preliminary submissions had elapsed and directing the parties to finalize their Agreed Statement of Facts.

The Tribunal also directed the parties to notify it of any outstanding document production issues by a specified date.

The responding parties requested an extension of the deadline for filing a response.

The Pay Equity Hearings Tribunal granted the request, extending the deadline to June 20, 2016.

The decision was issued by a single panel member pursuant to section 4.2(1) of the Statutory Powers Procedure Act.

The applicant, a small not-for-profit organization, objected to a Review Officer's Order requiring it to adjust employee pay rates, arguing it lacked the financial ability to comply within the 30-day timeframe.

The Tribunal directed the applicant to show why the application should not be dismissed for failing to disclose a prima facie case.

The Tribunal held that lack of funding is not a defence to an employer's obligation to comply with the Pay Equity Act, dismissing that portion of the application.

The Tribunal also dismissed the argument that the Order should be revoked because of the identity of the anonymous complainant, noting that a review officer can issue an order even without a complaint.

However, the Tribunal allowed new allegations regarding a former employee's execution of a release to proceed to a hearing.