This section describes the activities that all employers must carry out to meet Part I requirements for implementing and achieving pay equity in their establishment.
When the Review Services Unit investigates a dispute over whether or not pay equity was achieved or maintained, Review Officers follow the standard of review set by the Tribunal. The Tribunal has recognized that certain provisions of Part I require exact application while other sections leave some discretion to the parties implementing pay equity. Where the complaint is related to an exact requirement, the Review Officer will apply the standard of correctness to the decisions made by the employer. Where the complaint is related to an area where discretion may be exercised, the Review Officer will apply the standard of reasonableness when reviewing employers’ decisions. Where the Act allows for discretion, a Review Officer will not interfere with decisions made by the employer as long as he/she determines that the decision falls within a reasonable range of outcomes that does not go against the purpose and intent of the Act.