The applicant union sought judicial review of an interest arbitration award that established a new job classification system and wage grid for the bargaining unit.
The union argued the panel's adoption of the employer's proposed wage grid violated s. 11(6) of the Canadian Human Rights Act by reducing male wages to achieve pay equity, and failed to apply the replication principle.
The Divisional Court dismissed the application, finding the panel's decision was reasonable.
The panel was tasked with creating a completely new classification system, not correcting an existing one, and reasonably concluded that s. 11(6) did not apply or was not breached.
The panel also reasonably applied the replication principle by considering objective market forces and economic realities.
