2 total
Tribunal orders employee reinstated to Deputy-Clerk position without competition and sets retroactive wage calculation.
Following a previous decision ordering reinstatement, the Pay Equity Hearings Tribunal resumed the hearing to resolve three outstanding issues regarding the respondent's reinstatement.
The Tribunal ordered that the respondent be reinstated to the Deputy-Clerk position without the need to undergo a competition process, as she already met the minimum qualifications.
The Tribunal also determined that her retroactive wages for 1997 should be calculated based on the Deputy-Clerk salary of $38,000.
Application to revoke Review Officer's order dismissed; dismissal of employee found tainted by anti-pay equity animus.
The applicant Village sought to revoke a Review Officer's Order which found that the Village had penalized the respondent Clerk-Treasurer for exercising her rights under the Pay Equity Act, contrary to section 9(2).
The respondent had objected to the exclusion of a male comparator from the Village's pay equity plan and filed a complaint.
Shortly after, the Village placed her on probation and subsequently dismissed her, citing poor performance in her accounting duties.
The Pay Equity Hearings Tribunal dismissed the Village's application, finding that the performance evaluation process and the ultimate dismissal were tainted by anti-pay equity animus.
The Tribunal ordered the successor municipality to reinstate the respondent to a reasonable alternative position and to compensate her for lost wages with interest.
