The union applied to the Pay Equity Hearings Tribunal concerning a Review Officer's order regarding the gender neutral comparison system (GNCS) negotiated with the responding hospitals.
The hospitals argued the standard of review was reasonableness and could be decided without evidence, while the union argued for correctness and sought to present evidence on the history and scope of the disputed subfactor.
The Tribunal majority directed that the union be afforded the opportunity to present its case on the merits and deferred the determination of the standard of review.
A dissenting member would have decided the standard of review first.