Dr. E. Richard Shillington

The applicant employer sought a hearing before the Pay Equity Hearings Tribunal regarding a Review Officer's order concerning the maintenance of pay equity using the proxy method of comparison.

The Tribunal was tasked with specifying procedures to ensure employees who established pay equity through the proxy method continue to have access to male comparators for maintenance, following a Court of Appeal decision.

The Tribunal held that an organization that established its pay equity plan using the proxy method must continue to use it for maintenance unless changed circumstances under section 14.1 of the Pay Equity Act permit another method.

The Tribunal directed the parties to identify a proxy employer, request information, evaluate key female job classes, and determine whether any pay equity gaps have re-emerged, noting that arguments regarding non-discriminatory factors for pay differentials should be addressed under section 8 of the Act.