Toni-Anne N. Dasent

In a preliminary ruling to determine the identity of the employer for the purposes of the Pay Equity Act, the Tribunal held that the relevant point in time for the inquiry is the effective date of the Act (January 1, 1988).

However, the Tribunal noted it would also hear evidence regarding any changes in the organization up to the mandatory posting date to fashion practical remedies.

The Tribunal declined to hear evidence regarding the identity of the employer at the present time, as that was a separate question.

The parties requested an order from the Tribunal incorporating their agreement with respect to the production and use of sensitive business documents.

The Tribunal declined to order the agreement in its entirety, noting that it could not guarantee absolute confidentiality in light of potential freedom of information requests and its obligation to compile a public record for judicial review.

The Tribunal issued a modified protective order that balanced the parties' desire for confidentiality with the Tribunal's obligation to provide a fair and public hearing.