Gavin Leeb

The applicant employer sought judicial review of a Pay Equity Hearings Tribunal decision finding that the employer and union violated the Pay Equity Act by agreeing to reduce the wages of a female-dominated job class.

The employer argued the reduction was a temporary measure to avoid contracting out work and was justified under exceptions in the Act.

The Divisional Court applied a reasonableness standard of review and upheld the Tribunal's decision, finding that the Act prohibits reducing wages of employees who have achieved pay equity, and that the Tribunal reasonably concluded it lacked jurisdiction to order the union to contribute to the wage adjustments.

The moving party school board brought a motion before a single judge of the Divisional Court to dismiss the responding party union's application for judicial review for delay.

The underlying application sought review of arbitration awards concerning a wrongful dismissal grievance.

The single judge held that unless the determination of a motion to dismiss for delay is so clear as to leave no doubt, it should be decided by the full panel hearing the application.

Finding the issues were not clear enough for a single judge to determine, the court adjourned the motion to the full panel.

The Minister of Education brought a Stated Case asking the Divisional Court to determine whether the Education Act permits school boards to pay for life insurance and health benefits for retired employees over 65 years of age.

The Minister argued that the Act only permits payments to current employees and that specific statutory authority is required for such expenditures.

The Court held that while ss. 177(3) and 177(4) do not authorize these payments, other sections of the Act, including ss. 58.5(1), 170(1)18, 171(1)3, and 177(1), when read together and in context, provide the necessary authority.

The Court found that school boards have the power to negotiate and pay for post-retirement benefits as part of employee compensation packages.

The applicant, a former employee, sought judicial review of a Pay Equity Hearings Tribunal decision that dismissed her application under the Pay Equity Act for failing to establish a prima facie case.

She argued the Tribunal made findings of fact without evidence and denied her procedural fairness by refusing an adjournment to retain counsel.

The Divisional Court found the Tribunal's decision reasonable, noting the applicant failed to plead material facts challenging the pay equity plan and had ample notice that her application could be dismissed early.

The application for judicial review was dismissed with costs.

The applicant school board sought judicial review of an Ontario Labour Relations Board decision finding that Human Resources Secretaries were not excluded from the bargaining unit under s. 1(3)(b) of the Labour Relations Act, 1995.

The Divisional Court held that the Board reasonably interpreted the provision as requiring the confidential capacity to relate to the specific bargaining unit in which the employee would be a member, to avoid a conflict of loyalty.

The application for judicial review was dismissed.

The applicant union sought judicial review of an arbitrator's decision regarding the effective date for retroactive salary adjustments for employees newly included in the bargaining unit.

The arbitrator had ruled that compensation would run from the date an employee was found or agreed to come within the unit, rather than the date of the initial grievance.

The Divisional Court dismissed the application, finding the arbitrator's remedial decision was reasonable given the complex, multi-year dispute involving multiple unions and hundreds of disputed positions.