- If the complaint is about an objection to a pay equity plan in non-unionized workplace, a Review Officer will be appointed to investigate to determine if the objection is valid and whether the objection has been filed within the appropriate time frame. If there is a basis for the objection, the Review Officer may help the parties to reach a settlement. If the parties are unable to settle, the Review Officer will issue an order under [16. (2)]. A plan that reflects the settlement or order must be posted in the workplace [16. (3)].
- If any employee covered by the plan objects to the plan that reflects the order, they have 30 days to request a hearing before the Tribunal. Similarly, any employee not party to a settlement may request a Tribunal hearing within 30 days of the posting of a plan that reflects a settlement reached with other employees [16. (4)].
- If the 30-day period following the re-posting passes without objections being filed with the Commission, the plan is deemed approved by the Commission and must be implemented by the employer according to its terms [16. (5)].
- If the complaint is about a failure to agree to a plan the Review Officer will first determine if it is an appropriate situation for there to be negotiations. If it is a situation where negotiation between the employer and the bargaining agent is required, for instance a Part II employer and its then existing bargaining agent never negotiated a pay equity plan, the Review Officer will provide such assistance as may be necessary to help the parties arrive at a plan.
- If the complaint is about a failure to agree to amendments to a deemed approved plan in a unionized workplace, a Review Officer will be appointed to investigate whether an amended plan is necessary and may help the parties to reach a settlement. Where the parties are unable to reach an agreement on a plan, the Officer may issue such Orders as are necessary to resolve the matters in dispute under [24. (1)] in order to allow negotiations to continue. The Review Officer may monitor the continued efforts of the parties until a plan is completed.
- Alternatively, the Review Officer may order on all the remaining issues and provide a completed plan to the parties. This type of order is issued under [16. (2)]. The employer must post a copy of the plan that reflects the settlement or order. Review Officers may also notify the parties and the Hearings Tribunal that an order will not be made, or he/she may notify the complainant of a decision not to consider the complaint under the grounds listed in [23. (3)].
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