The applicant union sought judicial review of an interest arbitration award that declined to compress the wage grid for registered nurses and nurse practitioners.
The union argued the existing grid was discriminatory and that correcting it was exempt from the 1% compensation cap under Bill 124.
The Divisional Court dismissed the application, finding the arbitrator reasonably concluded that the interest arbitration process was not the appropriate forum to make the necessary adjudicative findings of specific Human Rights Code breaches by 131 separate employers, nor to usurp the ongoing pay equity process.
