(2) A review officer may make an order declaring an employer to be a seeking employer if the employer has given notice to the Pay Equity Office under subsection 2 (5) and if the review officer finds,
(a) that the employer is a public sector employer; and
(b) that there is any female job class within the employer’s establishment that cannot be compared to a male job class within the establishment under either the job-to-job method of comparison or the proportional value method of comparison.
Helen Henderson Care Centre v. Service Employees’ International Union, Local 183, 2001 CanLII 28094 (ON PEHT) 2001-12-17 — The Applicants objected to an Order by the Review Officer declaring that a co-located retirement homes and nursing homes were seeking employers, This matter involved determining whether the Applicants are public sector employers, given that seeking employers must be public sector employers. The Tribunal found that section 1(i) of the Schedule has clear and unambiguous language about the entities that constitute the public sector. Considering this, the Employers were found to be seeking employers. The Tribunal also held that in deciding whether an entity is a public sector, only the provisions of Act needs to be considered, and not any other statutes.
Parkdale Focus Community Project v. Group of Employees, 2000 CanLII 22422 (ON PEHT) 2000-06-19 — The Applicant sought to revoke the Order of a Review Officer that declared it a public sector employer and thereby, a seeking employer. The Review Officer found that the Applicant is a public sector employer because it provides services relating to addiction, according to s.1(h.1) of the Appendix. The Applicant argued that it has never provided services relating to addiction and therefore is not a public sector agency. The Tribunal found that the Applicant provided services aimed at preventing alcoholism and the abuse of alcohol and other drugs, which constitutes as services related to addiction. The Tribunal held that such services are funded by the Ministry of Health and falls under s.1(h.1) of the Appendix and the Applicant is considered to be public sector employer for the purpose of the Act
Regesh Family and Child Services v. Mercer, 2002 CanLII 49452 (ON PEHT) 2002-01-22 — The Applicant sought a declaration concluding that it is not a public sector employer. The Tribunal concluded that by being licenced under the Child and Family Services Act, the Applicant is drawn into the broader public sector for the purpose of the Pay Equity Act, despite having a private sector nature
Three Trilliums Community Place Inc. v. Confidential Employee, 2011 CanLII 43021 (ON PEHT) 2011-07-15 — The Applicant sought to rescind the 2003 Order that declared it a seeking employer, arguing that it is not a public sector employer. The Tribunal found that following the seeking employer declaration, the Applicant proceeded to prepare a pay equity plan using the proxy methodology. Therefore, regardless of the whether the Applicant is a public or private sector employer, since it did not object to the Order, the pay equity plan is binding. The Tribunal ruled that rescinding the order does not rescind the contracts entered pursuant to it.
