0008-89 Ontario Nurses' Association, Applicant v. Women's College Hospital, Respondent; 0011-89 Women's College Hospital, Applicant v. Ontario Nurses' Association, Respondent; 0018-89 Ontario Nurses' Association, Applicant v. Sunnybrook Health Sciences Centre, Respondent; 0029-89 Ontario Nurses' Association, Applicant v. North York Hospital, Respondent; 0034-89 SunnybrookHealthSciences Centre, Applicant v. Ontario Nurses' Association, Respondent; 0036-89 North York General Hospital, Applicant v. Ontario Nurses' Association, Respondent
Before: Raphael Palumbo, Vice-Chair; Susan Genge and Sharon Laing, Members
Appearances: Janice Baker for the Hospitals; Mary Cornish, Lori Newton and Felicity Briggs for the Association
Cite As: Women's College Hospital (No. 4) (1992), 3 P.E.R. 61
Gender Neutral Comparison System - Factors
The Tribunalfound thatthe systemusedto evaluatenursinginthese workplaces did not meet the standard of gender neutrality required by the Act. The job fact sheet failed to capture significant aspects of nursing work. Its ability to measure and value skills required by nurses in the complexity, judgement, education, experience, initiative, contact, scope of supervision, physical demands, result of errors, and working conditions factors was incomplete. The language used was ambiguous and required definition of critical termsandthequestionsthemselvesmightbereformulatedtoenhanceaccuracyofresponse. Concernwas also expressed that accuracy of job information might be affected by the requirement for review with a supervisor following completion. In the absence of evidence concerning potential male comparators the Tribunal could not make findings respecting the presence or absence of gender bias in the factors or the effectiveness of the valuation mechanism. The parties were ordered to table