August 2, 2012
Latest developments in the separate employers pay equity cases
PSAC's pay equity complaint against some separate employers is getting closer to hearings.
This complaint is being dealt with by the Public Service Labour Relations Board which held a case management conference in May. This is being followed by another conference in late September. Hearing dates are being scheduled for February and March 2013.
The complaint covers these employers:
- Canadian Institutes of Health research (formerly Medical Research Council);
- Canadian Security Intelligence Service;
- Communications Security Establishment;
- Office of the Auditor General;
- Office of the Superintendent of Financial Institutions;
- Social Sciences and Humanities Research Council;
- Statistical Survey Operations;
There are also developments in the complaints against Canada Labour Code employers
As mentioned in the previous update, PSAC lawyers assessed all of the Canada Labour Code employers named in the original complaint. As a result of recent developments in the case law, PSAC was advised to withdraw the complaints against 11 of the Code employers.
PSAC is continuing to pursue complaints with the Canadian Human Rights Commission (CHRC) against these employers:
- Canadian Centre for Occupational Health and Safety
- Canadian Museum of Civilization Corporation;
- National Gallery of Canada;
- National Museum of Science and Technology;
- Weeneebayko Health Ahtuskaywin;
The CHRC released its investigator's report in January, 2012 and requested submissions from all the parties on whether the complaint should move forward. In April, the PSAC provided detailed submissions to the CHRC in support of a full investigation into the complaint. We anticipate a response from the CHRC in the coming months.
The original complaint was filed with the Canadian Human Rights Commission
PSAC filed the original complaint with the Canadian Human Rights Commission against a number of separate employers in May, 2002. The union requested the commission to hold the complaint in abeyance while its pay equity Charter challenge worked its way through the courts. The union withdrew its Charter challenge in the wake of unfavourable court decisions in other pay equity cases in September 2008.
The 2009 federal budget changed the rules for pay equity complaints
In March 2009, the Budget Implementation Act, 2009 (BIA) included a new pay equity regime for Treasury Board and separate agency employees. The BIA sent all outstanding public sector pay equity complaints to the PSLRB. The Human Rights Commission continued to deal with the complaints filed against the employers covered by the Canada Labour Code.
Date Modified : 2012/08/02