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Request to reinstate withdrawn property assessment appeals denied where MPAC had actual notice of withdrawal.
The Municipal Property Assessment Corporation (MPAC) requested the reinstatement of several property assessment appeals that had been withdrawn by the appellant, Via Rail Canada.
MPAC argued the appeals were withdrawn in error because proper notice was not provided to all parties and that procedural fairness required reinstatement to allow MPAC to seek a higher assessment.
The Assessment Review Board denied the request, finding that MPAC had received actual notice of the withdrawal before it was processed, no notice of a higher assessment had been served prior to the withdrawal, and no hearing events had commenced.
The Board concluded the appeals were not withdrawn in error and procedural fairness did not require their reinstatement.
Reducing an incumbent's wages below an achieved pay equity job rate violates the Pay Equity Act.
The complainant, a Facility Attendant, alleged that the Employer and Union violated section 7 of the Pay Equity Act by agreeing to a wage grid that reduced her wages below the pay equity job rate she had previously achieved.
The Employer argued the reduction was necessary to prevent contracting out and was justified by differences in bargaining strength.
The Tribunal held that reducing an incumbent's wages below an achieved pay equity job rate violates the Act's maintenance requirements.
The Tribunal also found that the bargaining strength exception in subsection 8(2) applies to differences between male and female job classes, not between the union and employer.
Finally, the Tribunal concluded it lacked jurisdiction to order the Union to contribute to the wage adjustments.
