Pay Equity Commission of Ontario - Pay Equity Hearings Tribunal

Ministry

Labour, Immigration, Training and Skills Development

URL

http://www.olrb.gov.on.ca/pec/PEHT

Address

505 University Avenue, 2nd Floor
Toronto
M5G2P1

Phone

416-326-7500/ 1-877-339-3335

Background

Pay Equity Act, RSO 1990, C. P.7, S. 28 (opens a new window)

Function

The Pay Equity Hearings Tribunal is responsible for adjudicating disputes which arise under the Pay Equity Act. It is a quasi-judicial, administrative tribunal. Where a party objects to an order of a review officer or the Pay Equity Office seeks to establish non-compliance with an Order, the matter comes before the tribunal which has the exclusive jurisdiction to determine all questions of fact or law that arise under the Act. The tribunal is empowered to confirm, vary or revoke Orders of review officers, order a review officer to prepare a pay equity plan for an employer's establishment, order adjustments in compensation and require parties to take whatever other actions are necessary to ensure compliance with the Act.

Membership

The tribunal is composed of a presiding officer, one or more deputy presiding officers one of whom is the alternate presiding officer, and an equal number of representatives of both employers and employees. The Lieutenant Governor in Council appoints all members of the tribunal.

Qualifications

•    Experienced labour and employment law lawyer or adjudicator.
•    Ability to provide leadership and to establish goals, priorities and strategic direction. 
•    Able to hear, mediate and decide cases under the Pay Equity Act, in particular, high-profile and precedent setting cases, and provide oral or written reasons which are often lengthy and are subject to judicial review.  Able to act as a neutral adjudicator.
•    Ability to formulate impartial and fair decisions using sound judgment and to communicate them orally and in writing in a timely manner.
•    Knowledge of the legislation and jurisprudence under the Tribunal’s jurisdiction and related laws and legal processes and rules of evidence or the ability to acquire such knowledge.
•    Understanding of the rules of practice and supporting procedures.
•    Superior dispute resolution and analytical skills to resolve complex matters involving multiple interests, under public scrutiny.
•    In-depth understanding of the professional, institutional, policy and community context in which the agency operates, or the ability to acquire such understanding.
•    Able to hear, mediate and decide cases under the Pay Equity Act, in particular, high-profile and precedent setting cases.
•    Able to act as a neutral adjudicator.

Term

There is no limit in legislation, however, the Agencies & Appointments Directive limits the term of appointment to a maximum of ten years in total for regulatory and adjudicative agencies. Re-appointment to a further term beyond the maximum of ten years in total may be made only in exceptional circumstances in the public interest.

Meetings

The tribunal is tripartite in structure and, therefore, sits in panels of three. Most hearings are held in Toronto but may take place across the Province.

Remuneration

Appointees are remunerated according to Schedule B of the Agencies and Appointments Directive

Appointments & Vacancies