Anna Vannelli

The applicant employer sought judicial review of a Pay Equity Hearings Tribunal decision finding that the employer and union violated the Pay Equity Act by agreeing to reduce the wages of a female-dominated job class.

The employer argued the reduction was a temporary measure to avoid contracting out work and was justified under exceptions in the Act.

The Divisional Court applied a reasonableness standard of review and upheld the Tribunal's decision, finding that the Act prohibits reducing wages of employees who have achieved pay equity, and that the Tribunal reasonably concluded it lacked jurisdiction to order the union to contribute to the wage adjustments.

The applicants sought judicial review of the Minister of Labour's decision to revoke an order authorizing a multi-workplace joint health and safety committee.

The respondent school board brought a preliminary motion to strike portions of the applicants' affidavits, arguing they contained irrelevant information, hearsay, and improper opinion evidence.

The motion judge dismissed the motion, finding that the full panel hearing the judicial review application would be in a better position to assess the admissibility and relevance of the affidavit evidence.