2 total
Human rights application dismissed as barred by concurrent civil action for wrongful dismissal.
The applicant filed a human rights application alleging failure to accommodate his disability and termination of employment.
He had previously filed a civil action for wrongful dismissal based on virtually identical facts, alleging breaches of the Human Rights Code.
The Tribunal found that section 34(11) of the Code bars an application where a civil proceeding seeking remedies for the same alleged Code infringement has been commenced.
The application was dismissed as barred by section 34(11).
Elementary teachers constitute seven job classes based on qualifications, requiring a single joint pay equity plan.
The employers and bargaining agents disputed the number of job classes and pay equity plans required for elementary school teachers under the Pay Equity Act, 1987.
The employers argued that all elementary teachers constituted a single job class and that separate pay equity plans were required for male and female teachers.
The Tribunal held that elementary teachers are divided into seven distinct job classes based on their different educational qualifications and corresponding salary ranges.
Furthermore, the Tribunal determined that a single pay equity plan was appropriate for all elementary teachers, as they form a single bargaining unit represented jointly by their respective branch affiliates.
The Tribunal also permitted limited intervenor status to the secondary school teachers' federation to provide historical context on teacher compensation grids.
