The applicant employer sought judicial review of a Pay Equity Hearings Tribunal decision finding that the employer and union violated the Pay Equity Act by agreeing to reduce the wages of a female-dominated job class.
The employer argued the reduction was a temporary measure to avoid contracting out work and was justified under exceptions in the Act.
The Divisional Court applied a reasonableness standard of review and upheld the Tribunal's decision, finding that the Act prohibits reducing wages of employees who have achieved pay equity, and that the Tribunal reasonably concluded it lacked jurisdiction to order the union to contribute to the wage adjustments.
