Bruce Lloyd-Craig

The applicant employees sought to enforce a Review Officer's Order directing the respondent employer to revise and post a pay equity plan and make retroactive payouts.

The employer sought to vary the Order, arguing that the higher job rate paid to a male comparator (Programmer Analyst) was justified under the 'skills shortage' exception in s. 8(1)(e) of the Pay Equity Act.

The Tribunal found that the employer failed to establish that it had encountered difficulties in recruiting employees with the requisite skills, as it relied only on general market trends rather than its own specific recruitment experiences.

The Tribunal ordered the employer to comply with the Review Officer's Order, post the pay equity plan, and mail copies to former employees.

The issue of interest on outstanding payments was deferred pending further submissions.