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Tribunal split three ways on the appropriate method for determining male comparators under the Pay Equity Act.
The applicant union applied to set aside a Review Officer's order that identified the Manager of Physical Operations as the comparable male job class for registered nurses under the Pay Equity Act.
The parties had used a point factor job evaluation system, and the Review Officer had selected the male job class closest in points.
The Tribunal panel split three ways.
The Chair revoked the order, rejecting the closest male comparator and banding approaches, and directed the use of a male wage line approach to redress systemic gender discrimination.
Two members dissented from the Chair's jurisdictional authority to order a wage line approach.
One dissenting member found that the highest paid lower valued male job class should be the comparator under section 6(3)(b) of the Act.
The other dissenting member upheld the Review Officer's original order.
No co-appearing lawyers found.
No judges found.