Public Service Alliance of Canada v. Canada Post Corporation

Public Service Alliance of Canada v. Canada Post Corporation

The Tribunal found the Canadian Human Rights Tribunal is institutionally independent; the 1986 Equal Wages Guidelines apply to ongoing systemic complaints filed before their promulgation and subsections challenged were valid; s.11 is to be interpreted as addressing pay equity and occupational segregation; the complainant CR group and comparator PO group are respectively predominantly female and male and employed in the same establishment under a functional test; the Professional Team's Hay-based evaluations and supplementary analysis were reasonably reliable (placed in a lower reasonable reliability sub-band) and established a wage gap between CR and PO for work of equal value;...

Citation
2005 CHRT 39
Parties
Complainant: Public Service Alliance of Canada; Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
7 October 2005
Procedural Posture
Human Rights Pay Equity (section 11) / Hearing and Decision
Outcome
Complaint substantiated as a systemic pay equity violation; remedial orders issued to close wage gap with specified methodology and temporal scope; no special compensation or legal costs awarded; no joint union-employer liability; tribunal retains jurisdiction.
Legal Topics
Equal Pay for Work of Equal Value, Section 11 Canadian Human Rights Act, Guidelines Validity and Retroactivity, Tribunal Independence and Impartiality, Job Evaluation Methodology, Wage Gap Calculation, Remedy and Interest, Non Wage Compensation, Establishment Definition
Source Language
English
Human Rights Employment Law Administrative Law Labour Relations Statutory Interpretation Equal Pay for Work of Equal Value Section 11 Canadian Human Rights Act Guidelines Validity and Retroactivity +6 more

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Parties

Public Service Alliance of Canada

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Human Rights Pay Equity (section 11) / Hearing and Decision

Legal Issues

  1. 1 Independence and impartiality of the Tribunal
  2. 2 Retroactivity and validity of the Commission Guidelines
  3. 3 Scope of presumption under s.11 and means of rebuttal

Ratio Decidendi

The Tribunal found the Canadian Human Rights Tribunal is institutionally independent; the 1986 Equal Wages Guidelines apply to ongoing systemic complaints filed before their promulgation and subsections challenged were valid; s.11 is to be interpreted as addressing pay equity and occupational segregation; the complainant CR group and comparator PO group are respectively predominantly female and male and employed in the same establishment under a functional test; the Professional Team's Hay-based evaluations and supplementary analysis were reasonably reliable (placed in a lower reasonable reliability sub-band) and established a wage gap between CR and PO for work of equal value;...

Court Disposition

Complaint substantiated as a systemic pay equity violation; remedial orders issued to close wage gap with specified methodology and temporal scope; no special compensation or legal costs awarded; no joint union-employer liability; tribunal retains jurisdiction.

Orders

  • Respondent to pay lost wages to eligible Clerical and Regulatory employees to close the wage gap using a level-to-line method, preferably the Kervin/Commission model rolled up to jobs
  • Respondent to provide access to employee records to enable final calculations