Guidance on the Tribunal’s role under the Pay Equity Act

Only some of the Pay Equity Commissioner’s decisions and orders on pay equity issues can be appealed to the Tribunal. You may want to get legal advice on this. Here are some examples of appeals the Tribunal can handle:

Appeals stemming from complaints

You may be able to appeal the Commissioner’s decision or order if the complaint asserted:

• a contravention of certain parts of the Act or its regulations;
• a breach of a previous order made by the Tribunal or Commissioner;
• an employer or bargaining agent’s reprisal against someone because they participated in a proceeding, exercised a right, or did something relating to compliance with the Act;
• improper influence by an employer over the selection of pay equity committee members by non-unionized employees; or
• bad faith or acting in an arbitrary or discriminatory manner on the part of an employer or bargaining agent in performing their duties under the Act.

30-day deadline

To appeal a decision or order made by the Commissioner, you must file a Notice of Application to Appeal with the Tribunal. You must send a copy to any respondents and any interested party who participated in the matter before the Commissioner.

You must do this within 30 days of receiving the Commissioner’s decision or order.

‘Matters in dispute’

You may be able to appeal to the Tribunal if you disagree with the Commissioner’s decision on a ‘matter in dispute’. This is a dispute that arose when a pay equity committee was creating or updating a pay equity plan.

Objections

Some employers create pay equity plans themselves, without going through a pay equity committee. If you have any concerns about the pay equity plan posted by the employer, you can raise an objection with the Commissioner. If the Commissioner rules on your objection, you may then be able to appeal the decision to the Tribunal.

Other orders of the Commissioner (for example, after an audit)

You may be able to appeal an order made to stop or prevent someone from breaching:

• the Act or its regulations;
• an order of the Tribunal; or
• an order of the Commissioner.

Tribunal inquiries

The Tribunal also conducts inquiries when the Commissioner refers an important question of law or a question about jurisdiction (who has the power to decide what). Parties who have an interest in the question or have information to share might wish to take part in the inquiry.

Find out more about current inquiries.