At the commencement of a pay equity hearing, the applicants and respondent employees requested an interim order requiring the employer to permit them to attend the hearing without loss of pay.
They argued that requiring them to use vacation or unpaid leave created an economic barrier to accessing their rights under the Pay Equity Act.
The Tribunal dismissed the request, finding it lacked jurisdiction under the Act to order an employer to fund employee participation at the start of a hearing, prior to any findings of a statutory breach.
