1. How do Applications come before the Tribunal?
2. What happens at a hearing?
3. Do I need a lawyer?
4. Does the Tribunal have Rules?
5. What is a Pre-Hearing Conference?
6. Where does the Tribunal hold hearings?
7. Can I get services in French?
8. How can I find the Tribunal's decisions?
1.
How do Applications come before the Tribunal?
An employer, employee, group of
employees, or bargaining agent may file a complaint with the Pay Equity
Office. A Review Officer will be assigned to investigate and attempt
to settle the issue(s) in dispute. (link
to Pay Equity Office site)
You may file an Application for
a hearing before the Tribunal if:
1. The Review Officer has notified
the parties that she/he has not been able to effect a settlement
and will not be issuing an order; or
2. A party objects to a Review Officer's order or disagrees with
the Review Officer's refusal to consider the complaint; or
3. The Review Officer refers the matter to the Tribunal; or
4. A party alleges that a Review Officer's order has not been followed
or a settlement between the parties is not being implemented; or
5. A party seeks the consent of the Tribunal to prosecute for an
offence under the Act.
2. What happens at a
hearing?
Hearings before the Tribunal are
treated as fresh or "de novo" proceedings. They
are not an appeal from Review Services. The hearing is conducted much
like a court proceeding although the process is less formal and rules
of evidence are not applied as strictly. The Tribunal considers the
parties' issues, as expressed in the Application and Response, hears
evidence, considers the parties legal submissions and gives reasons
for its decision.
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3. Do I need a lawyer?
No. The decision to be represented
by a lawyer or agent is yours. The Tribunal's staff and adjudicators
are not able to provide legal advice if you chose to represent yourself.
4. Does the Tribunal
have Rules?
Yes. The Tribunal has established
Rules of Practice for the conduct of proceedings before it. They are
available in both French and English. Go to Forms
and Rules.
5. What is a Pre-Hearing Conference?
The Tribunal will hold a Pre-Hearing
Conference to:
- identify and narrow the issues
- get agreement on the facts, events and documents
- resolve the application where possible
- encourage the exchange of all relevant documents
- identify and attempt to resolve procedural and preliminary objections.
The adjudicator who conducts the
Pre-Hearing is not involved in determining the final outcome of the
Application.
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6. Where does the Tribunal
hold hearings?
The Tribunal holds hearings and
Pre-Hearings in the following regional centres: Kingston, London.
North Bay, Ottawa, Sarnia, Sault Ste. Marie, Sudbury, Timmins, Thunder
Bay, Toronto, and Windsor. In certain situations hearings also be
conducted by the telephone or on the basis of written submissions.
7. Can I get services
in French?
Oui. Tous les services sont aussi
disponible en français.
8. How can I find the
Tribunal's decisions?
Go to "Decisions"
on this website.
You can also access the Tribunal's
decisions through the QuickLaw
electronic database. QuickLaw is a private sector database service;
hook-up and search fees are charged. For more information on how to
access QuickLaw and its fee schedule, you can contact QuickLaw directly:
Telephone: (416) 862-7656 or toll-free 1-800-387-0899 Fax: (416) 862-8073
Website: www.quicklaw.com
The "Government Publications"
sections of many public and university libraries carry copies of the
Pay Equity Reports (these are annual publications containing the Tribunal's
significant decisions). Law school libraries carry the publications
of various equity and labour law reporting services, many of which
report the PEHT's decisions.
