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Tribunal declined to issue consent order varying Review Officer Order due to insufficient evidence.
The parties in two related pay equity applications reached a settlement and requested that the Tribunal issue a consent order varying a Review Officer Order, while withdrawing their respective applications.
The Tribunal declined to issue the requested consent order, noting that it lacked sufficient evidence to answer pertinent questions about the agreed terms.
Furthermore, the Tribunal highlighted that under section 25.1 of the Pay Equity Act, written settlements are binding and enforceable without the need for a consent order.
Tribunal ruled gender dominance of job class not properly before it due to prior agreement.
The parties sought preliminary rulings on whether the Pay Equity Hearings Tribunal had jurisdiction to inquire into the gender dominance of the Material Handler job class and to hear evidence regarding the CAW-Canada Gender Neutral Comparison System.
The Tribunal held that the gender dominance of the Material Handler job class was not properly before it, as the employer was bound by its prior agreement on the issue during negotiations.
The Tribunal declined to rule prematurely on the admissibility of evidence regarding the comparison system.
