Employment and Labour Law Reporter Publishes an Article by Jessica Toldo on Pay Equity Compliance
Hicks Morley’s Jessica Toldo authored an article in Employment and Labour Law Reporter titled “Pay Equity Compliance: An Update From The Supreme Court of Canada.” The article discusses two decisions by The Supreme Court of Canada pertaining to Quebec’s Pay Equity Act (Act) that serve as a reminder to all employers of the importance of complying with their governing pay equity legislation.
In Quebec (Attorney General) v Alliance du personnel professionnel et technique de la santé et des services sociaux, the Supreme Court of Canada agreed with the Court of Appeal of Quebec and declared certain sections of the Act to be unconstitutional as they breached the equality rights in section 15 of the Canadian Charter of Rights and Freedoms.
In Centrale des syndicats du Quebec et al v Attorney General of Quebec, the Supreme Court of Canada determined that section 38 of the Act was constitutional. When the Act first came into force, there was no method for assessing adjustments where there was not a male comparator. The Commission was given regulatory authority to conduct research and establish a methodology. However, the Commission did not establish a methodology immediately and the two-year grace period provided by section 38 further delayed pay equity in workplaces without male comparators. A six-year delay to pay equity ensued. The delay caused by section 38 was challenged as a breach of section 15(1) of the Charter.