The applicant unions sought judicial review of a Pay Equity Hearings Tribunal decision regarding the maintenance of pay equity in predominantly female workplaces.
The Tribunal had ruled that the Pay Equity Act did not require employers to use the proxy comparison method on an ongoing basis to maintain pay equity.
The Divisional Court found that while the Act itself does not violate section 15 of the Charter, the Tribunal's interpretation was unreasonable because it failed to consider Charter values.
The Court held that a proportionate balancing of Charter equality rights and the Act's statutory mandate requires that women in predominantly female workplaces have continued access to male comparators through the proxy method to maintain pay equity.
