The Canadian Union of Public Employees filed a pay equity complaint alleging that the employer discriminated against flight attendants, a predominantly female group, by paying them less than mechanics and pilots, who are predominantly male.
The employer argued that the groups belonged to different establishments because they were in separate bargaining units with different collective agreements.
The Supreme Court of Canada held that the three groups belong to the same establishment because they are subject to a common personnel and wage policy, regardless of differences in their collective agreements.
The appeal was dismissed and the matter remitted to the Canadian Human Rights Commission to continue its investigation.