P. LeMay

The Pay Equity Hearings Tribunal provided directions on how to implement its previous pay equity decision regarding Communication Operators and their male comparators, Mechanical Technicians.

The Tribunal directed that the hourly wage rate for Communication Operators be calculated by dividing the comparator's annual salary by 2080 hours, and their annual salary be determined by multiplying that hourly rate by 2184 hours.

The resulting annual salary is to be paid in equal instalments using the employer's 'pay smoothing' practice.

The Association objected to a Review Officer's decision not to order the City to increase the pay equity adjustment for the Communication Operator job class.

The parties had negotiated a Pay Equity Plan which was approved by City Council, but the City subsequently refused to execute it, arguing that the Plan's provision for an hourly wage adjustment did not reflect the parties' intention to equalize annual salaries (a 'mutual mistake').

The Tribunal held that the Plan was binding on the City, as it had been properly ratified by Council.

The Tribunal rejected the application of the equitable doctrine of mutual mistake in the labour relations context, finding that parties are bound by the objective meaning of their written agreements.

The City was ordered to pay the hourly adjustments specified in the Plan, with interest on unpaid amounts.

The applicant union brought a motion for the production of confidential reports made to the City's Board of Control and Council regarding pay equity.

The City resisted production, arguing the reports were protected by Wigmore privilege because they were dealt with in-camera.

The Tribunal ordered production, finding that the City failed to establish the fourth precondition of the Wigmore test, as the potential injury to future confidential communications did not outweigh the benefit to the administration of justice in correctly disposing of the litigation.