Ron Chyczij

The Applicants, a group of Review Officers, challenged their job class placement under the employer's pay equity plan.

During a preliminary motion brought by the Respondent, evidence revealed that the Review Officers were treated as being in the ALR 19 job class for most of the pay equity process, despite being posted in the ALR 20 job class.

The Tribunal found the preliminary motion ill-founded based on this new evidence and ordered both parties to file new pleadings to properly address the issues revealed.

The respondent employer brought a preliminary motion to determine whether the applicant Review Officers were in the correct job class under the Pay Equity Act.

During the hearing, the applicants attempted to expand the scope of the motion to challenge the employer's entire job evaluation system.

The Tribunal ruled that the scope of the motion was restricted by the parties' pre-hearing agreement to the narrow issue of whether the Review Officers' duties, responsibilities, and qualifications distinguished them from other positions in their assigned job class.

Expanding the scope at this late stage would severely prejudice the employer.