Nan Weiner

A group of psychiatric nurses challenged the pay equity plan negotiated between their union (OPSEU) and the employer (Management Board Secretariat), alleging it contravened the Pay Equity Act.

The plan utilized a policy-capturing methodology involving factor analysis and multiple regression to determine job values and select male comparators.

The applicants argued that the methodology, specifically the modification of factors and the presence of negative regression coefficients, failed to adequately measure and positively value female work, thereby leaving gender bias in the system.

The Tribunal dismissed the application, preferring the statistical evidence of the respondents' experts, and found that the applicants failed to demonstrate that the decisions of the working group were unreasonable or that the plan contravened the Act.

The complainant, an East Indian man with extensive education and experience, alleged that the Ministry of Community and Social Services discriminated against him on the basis of race and ethnic origin by repeatedly failing to promote him over a 17-year period.

He applied for 30 promotional positions without success.

The Board of Inquiry reviewed the evidence, including expert testimony on systemic racism and employment equity, and the specific job competitions.

The Board found that the complainant was not qualified for the senior management Programme Supervisor positions.

For the Vocational Rehabilitation Supervisor positions, the Board concluded that the successful candidates were either more qualified or selected for legitimate, non-discriminatory reasons.

The complaint was dismissed.