3. WORK

A. Pay Equity

Leading Cases

Bell Canada v. Communications, Energy and Paperworkers Union of Canada (C.A.), [1999] 1 F.C. 113

http://www.canlii.org/ca/cas/fca/1998/1998fca10291.html

Established that the Human Rights Commission only has to be satisfied that having regard to all the circumstances, an inquiry into a complaint is warranted.

Canada (Attorney General) v. Public Service Alliance of Canada (T.D.), [2000] 1 F.C. 146

http://www.canlii.org/ca/cas/fct/1999/1999fct11314.html

Supreme Court found that the process by which the Tribunal closed the wage gap between male and female employees was reasonable.

Newfoundland Assn. Of public employees v. R., 2002 NLCA 72

http://www.canlii.org/nl/cas/nlca/2002/2002nlca72.html

The Government of Newfoundland is entitled to breach its pay equity agreement with NAPE on the grounds of fiscal restraint legislation.

Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381

http://www.canlii.org/ca/cas/scc/2004/2004scc66.html

The Government of Newfoundland is entitled to breach its pay equity agreement with NAPE on the grounds of fiscal restraint legislation.

McCormick v. Canada (Minister of Health), 2005 FC 754

http://www.canlii.org/ca/cas/fct/2005/2005fc754.html

Appeal by aboriginal nurses who were excluded from the pay equity agreement between Health Canada and Health Canada nurses.

Canada (Human Rights Commission) v. Canadian Airlines International Ltd. (T.D.), [2002] 1 F.C. 158

http://www.canlii.org/ca/cas/fct/2001/2001fct840.html

Found that the Canadian Airlines flight attendants were not part of the same establishment as their male counterparts because they were governed by a different bargaining unit.

Canada (Human Rights Commission) v. Canadian Airlines International Ltd. (F.C.A.), [2004] 3 F.C. 663

http://www.canlii.org/ca/cas/fca/2004/2004fca113.html

Federal Court of Appeal held that Canadian Airline flight attendants are part of the same establishment as their proposed male comparator group.

Canada (Human Rights Commission) v. Canadian Airlines International Ltd., 2006 SCC 1

http://www.canlii.org/ca/cas/scc/2006/2006scc1.html

Supreme Court held that Canadian Airline flight attendants are part of the same establishment as their proposed male comparator group.

Public Service Alliance of Canada v. Canada Post Corporation 2005 CHRT 39

http://www.chrt-tcdp.gc.ca/t299_1392de.html

This case provides a detailed outline of the investigation of a pay equity complaint.