Anne E. Burke

The Pay Equity Office (PEO) brought a motion for standing to participate as a party in applications filed by two colleges challenging the jurisdiction of a Review Officer to issue orders regarding their pay equity plans in the absence of a complaint.

The colleges opposed the motion.

The Tribunal applied the test for adding parties under s. 32(1)(d) of the Pay Equity Act, which requires a substantial and direct interest in the outcome of the case.

Finding that the PEO had a substantial interest in the broader policy outcome and the impact of the jurisdictional interpretation on its authority and practice, the Tribunal granted the PEO party status for the purpose of making submissions on the jurisdictional issue.

The applicant union applied for certification in the construction industry and challenged the respondent employer's list of employees.

The union argued that four employees who were laid off on the morning of the application date, before reporting to work, should be included in the bargaining unit count.

The Board held that in construction industry applications, only employees actually at work on the date of application are included in the count.

Since the four employees did not perform any work on that date, they were excluded from the count.