The applicant, a municipal contractor, sought judicial review of a decision by the City's Fair Wage Office finding that it violated the Fair Wage Policy by failing to pay a worker the minimum hourly rate for a 'welder'.
The applicant argued it was denied procedural fairness and that the decision was unreasonable because the worker performed unskilled 'stud welding' rather than skilled journeyman welding.
The Divisional Court dismissed the application, finding no procedural unfairness as the applicant was given fair notice and multiple opportunities to respond.
The court also held the decision was reasonable, as the applicable Sewer and Watermain schedule did not distinguish between certified and uncertified welders, and the worker spent 90% of his time performing a form of welding.
