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Motion to dismiss granted; applicants failed to plead sufficient particulars challenging deemed approved pay equity plan.
A group of Registered Practical Nurses (RPNs) filed a re-Application challenging a deemed approved pay equity plan negotiated by their union and the hospital.
The union brought a motion to dismiss the re-Application.
The Tribunal found that the RPNs failed to meet their pleading obligations by not detailing allegations that the plan failed to comply with the minimum standards of Part 1 of the Pay Equity Act.
Concluding that the applicants had a fundamental misunderstanding of the Act and that there was no prima facie case to meet, the Tribunal granted the motion and dismissed the re-Application.
