25 (1) The Hearings Tribunal shall hold a hearing, (a) if a review officer is unable to effect a settlement of a complaint and has not made an order under subsection 24 (3); (b) if a request for a hearing, as described in subsection 23 (4) or 24 (6), is received by the Hearings Tribunal; or (c) if a review officer refers a matter to the Hearings Tribunal under subsection 24 (5).  R.S.O. 1990, c. P.7, s. 25 (1). Reference stayed (1.1) A reference under subsection 24 (5) respecting an order shall not proceed if the Hearings Tribunal has confirmed, varied or revoked the order following a hearing requested under subsection 23 (4) or 24 (6).  1993, c. 4, s. 15 (1). Orders (2) The Hearings Tribunal shall decide the issue that is before it for a hearing and, without restricting the generality of the foregoing, the Hearings Tribunal, (a) where it finds that an employer or a bargaining agent has failed to comply with Part II or III.1, may order that a review officer prepare a pay equity plan for the employer’s establishment and that the employer and the bargaining agent, if any, or either of them, pay all of the costs of preparing the plan; (b) where it finds that an employer has contravened subsection 9 (2) by dismissing, suspending or otherwise penalizing an employee, may order the employer to reinstate the employee, restore the employee’s compensation to the same level as before the contravention and pay the employee the amount of all compensation lost because of the contravention; (c) where it finds that an employer has contravened subsection 9 (1) by reducing compensation, or has failed to make an adjustment in accordance with subsection 21.2 (2), may order the employer to adjust the compensation of all employees affected to the rate to which they would have been entitled but for the reduction in compensation and to pay compensation equal to the amount lost because of the reduction; (d) may confirm, vary or revoke orders of review officers; (e) may, for the female job class that is the subject of the complaint or reference, order adjustments in compensation in order to achieve pay equity, where the Hearings Tribunal finds that there has been a contravention of subsection 7 (1); (e.1) may determine whether a sale of a business has occurred; (f) may order that the pay equity plan be revised in such manner as the Hearings Tribunal considers appropriate, where it finds that the plan is not appropriate for the female job class that is the subject of the complaint or reference because there has been a change of circumstances in the establishment; and (g) may order a party to a proceeding to take such action or refrain from such action as in the opinion of the Hearings Tribunal is required in the circumstances.  R.S.O. 1990, c. P.7, s. 25 (2); 1993, c. 4, s. 15 (2-4); 1996, c. 1, Sched. J, s. 6 (1). Idem (3) An order under clause (2) (a) may provide that a review officer may retain the services of such experts as the review officer considers necessary to prepare a pay equity plan.  R.S.O. 1990, c. P.7, s. 25 (3). Application of Parts II, III.1 and III.2 (4) Parts II and III.1, apply with necessary modifications to a pay equity plan prepared under clause (2) (a) but, (a) the order of the Hearings Tribunal may provide for a mandatory posting date that is later than the one provided in section 10 or a posting date that is later than the one provided under section 21.7; (b) the order of the Hearings Tribunal shall not provide for a compensation adjustment date that is different than the relevant date set out in clause 13 (2) (e) or a date that is later than the one provided under section 21.10; (c) the review officer shall perform the duties of the employer and the bargaining agent, if any; (d) when the review officer posts the plan in the workplace as subsection 14 (4) or 15 (6) provides, the employer, the bargaining agent (if the plan relates to a bargaining unit), or any employee or group of employees to whom the plan applies (if the plan does not relate to a bargaining unit) may file an objection with the Hearings Tribunal; and (e) an objection under clause (d) shall be dealt with by the Hearings Tribunal under section 17.  R.S.O. 1990, c. P.7, s. 25 (4); 1993, c. 4, s. 15 (5-7); 1996, c. 1, Sched. J, s. 6 (2-4). Same (4.1) Despite subsection (4), section 16 does not apply with respect to a pay equity plan prepared under clause (2) (a).  1993, c. 4, s. 15 (8). Retroactive compensation adjustments (5) An order under clause (2) (e) may be retroactive to the day of the contravention of subsection 7 (1). Idem (6) An order under clause (2) (f) may provide that adjustments in compensation resulting from the revision of the pay equity plan be made retroactive to the day of the change in circumstances that gave rise to the order.  R.S.O. 1990, c. P.7, s. 25 (5, 6). Burden of proof (7) In a hearing before the Hearings Tribunal, a person who is alleged to have contravened subsection 9 (2) has the burden of proving that he, she or it did not contravene the subsection.  1993, c. 4, s. 15 (9). Section Amendments with date in force (d/m/y) 1993, c. 4, s. 15 (1-9) - 01/07/1993; 1996, c. 1, Sched. J, s. 6 (1-4) - 01/01/1997