Canada prohibits discrimination in employment based on a person’s sex or employment status. As a result, several jurisdictions guarantee equal pay for work of equal value. The human rights legislation in Canada prohibits any pay equity violations.
An employer has to provide equal pay for work that is substantially the same, requires the same skill, effort, and responsibility and is performed under similar working conditions in the same establishment (even if the employees work at different locations under the same employer).
An employer is not able to lower an employee’s rate of pay to create equal pay for equal work.
Pay Equity Exceptions
Several exceptions apply with respect to pay equity. These exceptions include seniority, merit, a system that measures earnings by quantity or quality of the product, and any other difference that is not based on the sex of the employee.
I am not being paid fairly compared to my co-workers, what options do I have?
An employee can request a review by their employer (without fear of reprisal) if they believe that they are being paid less than employees that are of a different sex or employment status for equal work.
Employees should include when requesting a review of their pay rate, the position or job that they are comparing their work to, why they believe that the work is equal, and why they believe that their rate of pay is equal.
In Ontario, several options are available to an employee who is experiencing inequitable pay. An employee has the option of filing a human rights complaint, filing a complaint to the Ministry of Labour, or possibly suing the employer for constructive dismissal.
How can Zeilikman Law help?
Each individual’s situation will be unique. To assess whether you have been constructively dismissed, contact one of our experienced lawyers today to set up a consultation to discuss your options and next steps.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute. Request a consultation today!