The employer and union challenged a Review Office Order regarding their negotiated pay equity plan.
The central issue was whether tips should be included in the calculation of 'compensation' for determining the 'job rate' of Casino Cashiers under the Pay Equity Act.
The Tribunal held that tips can be included in compensation as they are ascertainable.
However, the Tribunal found that the process used by the employer and union to estimate the tip rate was unreasonable because they failed to use available, accurate tracking methods.
The Tribunal revoked the Review Officer's Order and directed prospective tip tracking for the Casino Cashiers and their male comparator group to accurately determine the tip rate.
