Quebec Superior Court rejects Héma-Québec appeal in pay equity case
The court upheld a labour tribunal ruling that the curve-to-curve method does not apply to five-year pay equity maintenance reviews.
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Héma-Québec lost its bid to overturn a ruling on how it must assess pay equity for its workforce. The Quebec Superior Court rejected the blood-services agency's appeal of a decision by the Administrative Labour Tribunal, which had found that the "curve-to-curve" method used to compare pay between predominantly female and predominantly male job categories "is not applicable in the context of a pay equity maintenance review conducted under the Act." The court also overturned an earlier decision by the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST), the provincial body that enforces the law.
Pay equity maintenance reviews must be carried out every five years once a pay equity program is in place, to confirm that pay gaps have not reopened. The dispute between the parties dates back to 2010.
Judge Luc Morin said the matter had received "careful and thorough consideration by the judicial system and that a word of caution is warranted for the future." He added that the parties were "navigating the murky waters of the disproportionate use of judicial resources."
Will Héma-Québec seek a further appeal, and what has it said about the ruling?
How many employees are affected, and what pay gaps did the original CNESST review find?
We'll update this story as answers emerge.
