Marginal note:Determining whether each job group is female predominant

5. Within each of the periods that is prescribed in respect of a job group, every employer that has non-unionized employees in that job group shall determine whether that job group is female predominant and, depending on the determination, comply with section 6 or 7.

Marginal note:Determination — no female predominant job groups

• 6. (1) If an employer that has non-unionized employees determines that there are no female predominant job groups that contain at least the prescribed number of employees, the employer shall post, in the prescribed manner, for at least 90 days, a notice to that effect setting out the prescribed information.

• Marginal note:Dissatisfaction with employer’s determination

  (2) A non-unionized employee who is dissatisfied with his or her employer’s determination in the notice because the employee believes that he or she is part of a job group that contains at least the prescribed number of employees that is female predominant may, in the prescribed manner, so notify the employer within the prescribed period after the day on which the notice referred to in subsection (1) is first posted.

• Marginal note:Employer’s response

  (3) Within the prescribed period after the day on which the notice under subsection (2) is given, the employer shall consider the issues raised in the notice and provide the employee with a response in writing.

Marginal note:Determination — existence of female predominant job group

• 7. (1) If an employer that has non-unionized employees determines that a job group that contains at least the prescribed number of employees is female predominant, the employer shall

  • (a) determine, by conducting an equitable compensation assessment, whether any equitable compensation matters exist involving non-unionized employees in that job group and, if there are, prepare a plan to resolve them within a reasonable time; and

  • (b) provide non-unionized employees in that job group, in the prescribed manner, with a report that

    • (i) sets out a summary of the activities conducted by the employer under paragraph (a) and of consultations, if any, carried out under that paragraph,

    • (ii) describes how the equitable compensation assessment in respect of that job group was conducted,

    • (iii) states whether or not the employer has determined that an equitable compensation matter exists involving non-unionized employees in that job group and, if there is, describing the matter, and

    • (iv) sets out the plan prepared under paragraph (a), if one was prepared.

• Marginal note:Right of non-unionized employee

  (2) A non-unionized employee of that job group may, in the prescribed manner, within the prescribed period after the day on which the employer provides the employee with the report, request that the employer take appropriate steps to provide him or her with equitable compensation within a reasonable time if the employee is of the opinion that he or she will not receive equitable compensation because his or her employer has not prepared a plan under paragraph (1)(a) or, if one was prepared, the plan, in the employee’s opinion, does not provide for equitable compensation within a reasonable time.

• Marginal note:Response

  (3) Within the prescribed period after the day on which the request is made, the employer shall consider the matters raised in it and respond to the employee in writing. The employer shall indicate in the response whether it intends to take any measure as a result of the request and

  • (a) if so, the period during which that measure is to be implemented; or

  • (b) if not, the reasons for not doing so.