The union filed an application seeking a declaration that the Crown was the employer of its members working at Family and Children's Services for the purposes of the Pay Equity Act.
The Crown raised a preliminary objection, arguing that subsection 1.1 of the Act prevented the Tribunal from finding the Crown to be the employer.
The Tribunal held that the exception in subsection 1.1(4)(b) applied because the issue of the Crown's status as employer had been raised in a previous application filed before December 18, 1991.
The preliminary objection was dismissed and the union's application was permitted to proceed.
One member dissented.
