Canadian HR Reporter

CANADIAN HR REPORTER June 12, 2017 26 FEATURES For 25 years, The Annotated Canada Labour Code has been the authoritative resource labour relations professionals rely on to help them interpret and apply the Canada Labour Code. New in this edition • Commentary on the CIRB's interpretation and application of the Employees' Voting Rights Act • Case law and commentary on the Board's review of how union membership fees are paid in determining the strength of certifi cation applications, commentary on the duty of fair representation owed by employer representatives to their member companies, the rights of litigants to be represented by legal counsel at arbitration proceedings, and further explanation of how the "maintenance of activities provisions" of the Code will be applied • Cases offering insight into when "violence in the workplace" complaints must be investigated and the role of employee representatives in "refusal to work" complaints • Digests covering the noted 2016 Supreme Court of Canada judgment in Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29, 2016 CSC 29, which dealt with what constitutes an "unjust dismissal," as well as other cases dealing with issues of whether paternity leave can be sought, what constitutes the date of dismissal for s. 240 purposes, as well as consideration of the "arguably relevant" test for the production of documents New Edition The 2017 Annotated Canada Labour Code, 25th Anniversary Edition Ronald M. Snyder Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Order # 987131-65203 $167 Softcover approx. 1900 pages December 2016 978-0-7798-7131-5 Shipping and handling are extra. 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Visit hrreporter.com/hr-vendors-guide COMPENSATION Pay equity still a challenge after 30 years Makes good business sense in identifying potential bias, reducing employee turnover By Emanuela Heyninck I t's a historic occasion: June 15, 2017, marks the 30th an- niversary of the unanimous, all-party passage of Ontario's Pay Equity Act. "We have made an important and significant start," said former attor- ney general Ian Scott at the time. "We have undertaken a signifi- cant social change. We are doing something that is right and just and important for women, and I believe we are doing it in a way that will permit Ontario's economy to thrive and prosper and create jobs." For three decades, the Pay Eq- uity Office has promoted gender economic equality by enforcing pay equity rights and obligations, promoting awareness of the need to address gender economic equal- ity, and contributing to research around the gender wage gap. History of pay equity Pay equity, or equal pay for work of equal value, has long been rec- ognized as a human right in rec- ognition of the fact that women's work, especially in the years fol- lowing the Second World War, was consistently undervalued and underpaid. Despite this recognition, the passage of this historic legisla- tion was not easy. Ontario's Pay Equity Act was the culmination of years of public debate and con- sultation. During the 1970s and early '80s, women from different generations and backgrounds rallied and mobilized to raise awareness and build momentum for change. Numerous confer- ences, workshops and rallies were held to bring attention to the existence of gender-based workplace discrimination. A change in the provincial po- litical dynamic saw the commis- sioning of a Green Paper on Pay Equity in 1985. Public consulta- tions followed. Debates on pay equity were contentious. The consultation panel received 385 written and oral presentations. Lawyers, stakeholders, unions, scholars, members of provincial parliament, chambers of com- merce and other social groups all provided input during the process and in the hearings that followed introduction of the legislation. Finally, Bill 154, known as the Pay Equity Act, 1986, was pro- claimed on Jan. 1, 1988, and came into effect on that date. Private, public sector affected With its passage, Ontario became one of the first jurisdictions in the world to legislatively require both private sector employers with 10 or more employees and public sector employers to have com- pensation practices that provide for pay equity on an ongoing basis, not dependent upon a complaint. e act requires employers to: • undertake comparisons between female and male job classes in terms of compensation and value • determine value of work using a composite of skill, effort, respon- sibility and working conditions • use one of three methods of com- parison described in the act • achieve pay equity by adjusting the job rates of female job classes so they are at least equal to the job rates of comparably valued male job classes • eliminate pay equity gaps that may emerge due to changes in the workplace by maintaining pay equity. Ontario's Pay Equity Commis- sion was created to administer the act. e commission has two dis- tinct branches: the Pay Equity Of- fice that enforces the act, and the Pay Equity Hearings Tribunal that adjudicates disputes arising from a decision of the Pay Equity Office. e Pay Equity Office achieves its mandate through: • investigating and resolving complaints through alternative- dispute resolution methods, or issuing orders for compliance • referring orders to the tribu- nal for adjudication and final enforcement • monitoring establishments for compliance with the provisions of the act • conducting education and outreach • researching and disseminating information about pay equity and Ontario's gender wage gaps to the public and workplace parties • preparing reports and recom- mendations to the minister about pay equity and related matters. Outreach, education and research e Pay Equity Office takes every opportunity to make submissions in various forums where issues involving women and work are being considered. These range from submissions to the Ministry of Labour's Changing Workplac- es Review to the United Nations' Working Group on Discrimina- tion against Women in Law and in Practice. More recently, the office pro- vided staff and resources to the Ministry of Labour's Gender Wage Gap Strategy Steering Committee, whose mandate was to research the causes of the gen- der wage gap, consult with the public and provide recommenda- tions on ways to close the gap. e office also provides oppor- tunities for academic and stake- holder research through its Gen- der Wage Gap Grant Program. The program is entering its fourth grant cycle and has funded eight projects covering a wide range of topics. e Pay Equity Office has nu- merous resources that are easily accessed through its website to assist workplace parties in un- derstanding and complying with the act, including a comprehen- sive Guide to Interpreting the Pay Equity Act. ese resources are refreshed and updated as necessary. MINIMIZE > pg. 28 Pay equity, along with equal pay for equal work, is a human right. Credit: njene (Shutterstock) The passage of Ontario's Pay Equity Act took place at Queen's Park in Toronto.

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