Application to intervene denied; marketer of job evaluation system lacks statutory rights or obligations.
Hay Management Consultants Limited sought to be added as a party intervenor in pay equity proceedings between the Ontario Nurses' Association and St. Michael's Hospital.
Hay argued it had a commercial interest because the union alleged its job comparison system was gender-biased.
The Tribunal dismissed the application, finding that Hay had no rights or obligations under the Pay Equity Act and no maintainable action against the union, and therefore was not entitled by law to be a party under section 5 of the Statutory Powers Procedure Act.
Pay equity agreement binding where employer failed to clearly communicate ratification requirement during negotiations.
The employer and the union engaged in pay equity negotiations and signed a memorandum of settlement.
The employer later claimed that the agreement was subject to ratification by the Board of Commissioners of Police, which did not approve it.
A Review Officer subsequently ordered the employer to post a pay equity plan.
The employer applied to the Tribunal.
The Tribunal held that the Pay Equity Act does not require ratification of a pay equity plan.
Because the employer did not clearly communicate that its negotiating committee lacked the authority to bind the Board or that the agreement was subject to ratification, the memorandum of settlement constituted a binding agreement.
The Review Officer's order was revoked.