Board of Education of Wentworth County et al. v. Wentworth Women Teachers' Association et al., (1991) 53 O.A.C. 325 (DC)

• Judge: Montgomery, Carruthers and Archie Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 30, 1991
• Jurisdiction: Ontario
• Citations: (1991), 53 O.A.C. 325 (DC)

Wentworth School Bd. v. Teachers Assoc. (1991), 53 O.A.C. 325 (DC)

MLB headnote and full text

Wentworth County Board of Education and Perth County Board of Education (applicants) v. Wentworth Women Teachers' Association, Ontario Public School Teachers' Federation, Wentworth District, Ontario Secondary School Teachers' Federation, District 36, The Ontario Secondary School Teachers' Federation, Perth County Women Teachers' Association, Ontario Public School Teachers' Federation, Perth District and Pay Equity Hearings Tribunal (respondents)

(No. 287/90)

Indexed As: Board of Education of Wentworth County et al. v. Wentworth Women Teachers' Association et al.

Ontario Court of Justice

General Division

Divisional Court

Montgomery, Carruthers and Archie Campbell, JJ.

May 14, 1991.

Summar y:

Two school boards were negotiating pay equity plans with unions representing their elementary classroom teachers pursuant to the Pay Equity Act. The Pay Equity Hearings Tribunal rendered a decision dealing with several issues relating to the parties. The school boards applied for judicial review of the Tribunal's decision.

The Ontario Divisional Court dismissed the judicial review application.

Education - Topic 6063

Teachers - Remuneration - Equal pay - [See Master and Servant - Topic 1844 ].

Master and Servant - Topic 1844

Remuneration - Statutory regulation - Equal pay - The Pay Equity Hearings Tribunal determined that the Wentworth and Perth County School Boards needed only one pay equity plan for elementary teachers, notwithstanding the teachers' sex or bargaining agent (Pay Equity Act and School Boards and Teachers Collective Negotiations Act) - The Tribunal also determined that there were seven job classes for elementary classroom teachers employed by the Wentworth County School Board - The Ontario Divisional Court refused to disturb the Tribunal's decisions where the decisions were not patently unreasonable - See paragraphs 1 to 16.

Cases Notice d:

McLeod et al. v. Egan et al., [1975] 1 S.C.R. 517; 2 N.R. 443; 46 D.L.R.(3d) 150, refd to. [para. 7].

Haldimand-Norfolk Regional Board of Commissioners of Police et al. v. Ontario Nurses' Association et al. (1989), 36 O.A.C. 276 (Div. Ct.), refd to. [para. 9].

Haldimand-Norfolk Regional Board of Commissioners of Police et al. v. Ontario Nurses' Association et al. (1990), 41 O.A.C. 148 (C.A.), refd to. [paras. 9, 11].

Statutes Noticed:

Pay Equity Act, S.O. 1987, c. 34, sect. 1 [para. 17]; sect. 24(6) [para. 2]; sect. 25(1)(b) [para. 3]; sect. 25(2)(d) [para. 4].

School Boards and Teachers Collective Negotiations Act, R.S.O. 1980, c. 464, generally [para. 6 et seq.].

Counsel:

Christopher G. Riggs and Steven L. Moate, for the applicants;

Elizabeth Shilton and Karen Schucher, for the respondent Federations and Associations;

Raj Anand, for the Pay Equity Hearings Tribunal;

Maurice Green, for the Ontario Secondary School Teachers' Federation, District 36 and the Ontario Secondary School Teachers' Federation.

This application was heard on April 30, 1991, before Montgomery, Carruthers and Archie Campbell, JJ., of the Ontario Divisional Court. The decision of the court was delivered orally by Archie Campbell, J., and released on May 14, 1991.