5 total
Hospitals' proposed job evaluation system rejected as not gender neutral; parties ordered to negotiate new system.
The applicant union filed complaints alleging that the SKEW job evaluation system proposed by the respondent hospitals was not gender neutral and failed to accurately capture and value nursing work.
The Tribunal found that the SKEW system's job fact sheet and valuing tool did not meet the standard of gender neutrality required by the Pay Equity Act, as they failed to make visible and appropriately value the complex skills, effort, responsibilities, and working conditions inherent in nursing.
The Tribunal ordered the parties to negotiate and design a new gender neutral comparison system tailored to accurately capture the job content of the nursing and male comparator job classes in the hospitals.
Reconsideration of decision denying intervenor status to pay equity consultant dismissed.
Peat Marwick requested a reconsideration of the Tribunal's decision denying it intervenor status in a pay equity dispute between the Ontario Nurses' Association and Women's College Hospital.
The Tribunal held that its discretion to reconsider decisions under s. 30(2) of the Pay Equity Act should only be exercised in compelling and extraordinary circumstances to preserve the finality of decisions.
Finding no new evidence, change in circumstances, or error of law, the majority dismissed the request.
One member dissented, finding that the consolidation of multiple similar applications constituted a sufficient change in circumstances to warrant reconsideration.
Board of Health, not municipalities, found to be the employer of nurses for pay equity purposes.
The Ontario Nurses' Association applied to have the City of London and the County of Middlesex declared the employer of the nurses at the Board of Health Middlesex-London Health Unit for the purposes of the Pay Equity Act.
Applying the Haldimand-Norfolk test, the Tribunal found that the Health Unit has overall financial responsibility, responsibility for compensation practices, and the core activity of providing public health programs independently.
The Tribunal concluded that the Board of Health Middlesex-London Health Unit is the employer, and dismissed the application.
Tribunal denies intervenor status to job evaluation system creator in pay equity dispute.
The Ontario Nurses' Association and Women's College Hospital filed cross-applications regarding the negotiation of a pay equity plan and the gender neutrality of the proposed job evaluation system.
Stevenson, Kellogg, Ernst & Whinney (SKEW), the creator of the job evaluation system, sought intervenor status, arguing its commercial interests and reputation could be adversely affected.
The Pay Equity Hearings Tribunal denied the intervention, finding that SKEW's interest was merely commercial and incidental to the main issue between the employer and the union.
The Tribunal also confirmed its jurisdiction to hear the complaints.
Board declined to hear preliminary arguments, adjourning the matter to be heard on the merits by a different panel.
The applicant union brought a related employer application and an unfair labour practice complaint concerning the transfer of work from one facility to another.
The respondents requested that the Board rule on preliminary issues regarding the scope of relief and deferral to arbitration.
As the hearing on the merits would require at least six days and would be heard by a differently constituted panel, the current panel declined to entertain the preliminary arguments.
The matter was adjourned to be scheduled for a hearing on the merits, leaving the preliminary issues for the new panel to decide.
