November 28, 2007
Canada Post pay equity appeal concludes five days of hearings
More hearings scheduled in January
On November 22, after five days of hearings in the Federal Court (Trial Division), the PSAC, the Canadian Human Rights Commission and Canada Post completed their submissions on the first two issues raised in Canada Post's application for judicial review of the 2005 Tribunal decision in our pay equity complaint.
In its attack on the Tribunal decision, Canada Post's first argument is the Tribunal did not properly apply the standard of proof required in civil cases. Both the PSAC and the Canadian Human Rights Commission argued that the Tribunal did apply the proper standard. Canada Post's second argument is the Tribunal improperly applied the 1986 Canadian Human Rights Act Guidelines to a complaint filed in 1983. In response, the PSAC and the Canadian Human Rights Commission argued that the Tribunal's actions were proper and consistent with established legal principles.
On January 16 and 17, 2008, the Court will hear arguments from the PSAC, the Canadian Human Rights Commission and Canada Post regarding Canada Post's remaining two legal attacks upon the Tribunal's decision. Canada Post will present arguments related to the choice of male comparator for the CR complainant group. They will also present arguments related to the 1986 Canadian Human Rights Act Guidelines. Where a wage gap is found, the Guidelines provide a list of reasonable factors justifying a difference in wages between male and female groups performing work of equal value. The issue to be argued is whether or not Tribunals are restricted to accepting only these factors to justify a wage difference.
The PSAC's application to set aside the Tribunal's decision to reduce its award of compensation by 50% will be heard on January 18, 2008. The PSAC will argue those entitled to compensation should receive 100% of the wage gap plus interest as indicated by the evidence presented to the Tribunal.
The hearings will take place at the Supreme Court Building on Wellington Street in Ottawa between 9:30 a.m. and 4:30 p.m. each day and are open to the public.
Date Modified : 2010/07/28