A group of hospital employees challenged a pay equity plan, alleging it was gender-biased and failed to recognize their job classes as female-dominated.
The employer brought a preliminary motion to dismiss the application on grounds of jurisdiction, timeliness, and standing, arguing that a settlement agreement with the union resolved the matter.
The Pay Equity Hearings Tribunal held that it had jurisdiction because the union could not settle the employees' individual complaints on their behalf, and found the application was not untimely as the delay did not constitute an abuse of process.
The Tribunal directed the applicants to provide further particulars to determine whether they had established a prima facie case regarding the gender characterization of their job classes.
