GOVERNMENT OF ONTARIO
Pay Equity Hearings Tribunal
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[ Equal Pay for Work of Equal Value ]
 
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       Frequently Asked Questions

 
 


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.

 

 

 
 
   
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Last Modified: March 2, 2012