Employers with Non-unionized Employees
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/08/19
Employers with Non-unionized Employees
Obligations
The following provision is not in force.
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.
The Public Sector Equitable Compensation Act (S.C. 2009, c. 2, s. 394)
Canadian history remains rife with a series of disjunctions between the men in the society and the women. The domains with the possibility for more rapid progress are one step, but the others with the need for more time provide a sense in which the gender equality goals of a nation, in accordance with international rights documents, take a generation, even more.
The Public Sector Equitable Compensation Act or the Act speaks, in this section, to the “Employers with Non-unionized Employees.” People working with union backing or protections. The important note – or “marginal note” – stipulates the lack of force of this part of the Act.
That is to say, it is not enforceable at the present moment. Section 6(1) speaks to the non-unionized employees of an employer where “there are no female predominant job groups” with the “prescribed number of employees”; here, the employer would be required to post a notification about the prescription information for a minimum of 90 days. It basically becomes an informational notice without force.
Section 6(2) states the potential perspective of the employer’s non-unionized employee who remains dissatisfied with the notice of the employer. The specifications of the dissatisfaction are not listed. However, the general discontentment with the notification in section 6(1) becomes an important part of the subsequent subsection.
The general dissatisfaction is known, however, where the individual non-unionized employee may feel as if they are a member of the job group with the prescribed number of employees in which it is female predominant – “he or she” by the way. Then this second subsection functions within the time constraints of the post, i.e., the 90 days, for a notification to the employer.
The final section deals with the response of the employee to the employer over the notification and the dissatisfaction. Here, we see the simple consideration of the other side of the aisle for the stipulations from subsections (1) and (2) with the employer of the non-unionized employee.
As a matter of due diligence and course, the employer is required to provide a response about the dissatisfaction raised over the notification through record with a response in writing. This amounts to a particular section dealing with one minutiae about formal communication and record-keeping of the communications between the employer and the non-unionized employee.
License
In-Sight Publishing by Scott Douglas Jacobsen is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Based on a work at www.in-sightpublishing.com.
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