Board of Inquiry Able to Hear Pay Equity Complaints

An independent board of inquiry ruled that a complaint of discrimination regarding pay equity can be heard under the Nova Scotia Human Rights Act.

Valerie Munroe, Janice MacDonald and Debbie Reid claim they are paid less for work of equal value than male employees of the Truro Police Department.

The Town of Truro sought the preliminary ruling about whether the board of inquiry has authority to hear a pay equity complaint, and whether the employees' union, the Police Association of Nova Scotia, should be added to the complaint.

The decision by chair Kenneth Crawford found that pay equity complaints have overlapping jurisdiction under the Labour Standards Code, the Pay Equity Act and the Nova Scotia Human Rights Act. Therefore, the board of inquiry can hear pay equity complaints referred to it by the Nova Scotia Human Rights Commission. This supported a 2008 board decision that allowed Nova Scotia Human Rights tribunals to hear pay equity issues.

Mr. Crawford also found that the Town of Truro could not bring the union into the complaint since the pay equity issue did not appear to arise from the collective agreement.

Boards of inquiry are the final stage in the human rights complaint process. They are independent, public hearings into complaints of discrimination.