The respondent sought to dismiss the application on the basis that the applicants did not constitute a female job class, and issued a summons to the Pay Equity Commissioner for various personnel records.
The applicants also issued a summons to a Review Officer.
The Pay Equity Office objected, arguing the summonses breached the qualified privilege under section 31 of the Pay Equity Act.
The Tribunal found extraordinary circumstances existed to grant consent for the summonses because the applicants themselves were Review Officers, but limited the scope of documentary production to protect personal identifying information and quashed the applicants' summons for irrelevant documents.