Case Law in the USA, Canada and UK
This article encompasses case law and relevant in the USA, Canada and UK. All three countries have been placed under one heading, as all three countries are applying the principle of common law. Under the principle of common law, case law provides a major source of law. Individual cases have precedential effects on future cases. Furthermore, class action is possible within common law systems.
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Class Action
Class action cases are cases where the plaintiff is a group of people who are affected by the same type of damage. Class action cases are mostly a phenomenon under the common law system, thus, mainly present in the US, but also to much lesser extend in the UK and Canada.
Countries in Europe only have the possibility for class action for a marginal number of cases.
USA
Canada
In Canada, each state has its own legislation on pay equity and equal pay. Here, the case of Ontario is displayed as example. Quebec is currently reforming its equal pay legislation.
In Ontario, the Pay Equity Commission is responsible in enforcing the Pay Equity Act and ensuring pay equity within the state. In case of disputes on the matter, the Pay Equity Hearings Tribunal can solve the disputes. As a quasi-judicial body, the Tribunal has the "exclusive jurisdiction to determine all questions of fact or law that arise in any matter before it. The decisions of the Tribunal are final and conclusive for all purposes."[1]
Class Action in Canada
In Canada, class action is in general possible, as the class action case of the Canada Post shows below. In addition, trade unions can file complains for the members both on individual and class action cases. This possibility has only used to a limited extend in past years, as many cases might touch collective agreements. In this case, trade unions would possibly file cases against their own negotiated agreements.
Case: Canada Post
2,300 employees of the Canada Post have filed a class action case against their employer already in 1985. The discrimination against female employees and in result lower wages have has been concluded and compensation has been issues by the court in 2011. The case has been widely discusses within the media, as the case has been fought for more than 30 years. The case has touched a complex matter, as the employees of the Canada Post are subject too national law, however, equal pay is a matter of state law in Canada. As a consequence of the case, the Canadian Post has to compensate about 30,000 employees with a volume of approx. $ 250 million.
Further Links
Government of Canada: Pay Equity
The Globa and Mail: Canada Post workers win lengthy battle for equal pay
Government of Ontario: Equal Pay for Equal Work
UK
The Equality Act of 2010 ist the central legal reference for claims on equal pay. The Act replaces previous anti-discrimination laws with a single Act. "It simplifies the law, removing inconsistencies and making it easier for people to understand and comply with it. The majority of the Act came into force on 1 October 2010. The Equality Act 2010 gives women (and men) a right to equal pay for equal work. It replaces previous legislation on equal pay, including the Equal Pay Act 1970, the Sex Discrimination Act 1975, and the equality provisions in the Pensions Act 1995."[2]
Equal Pay Cases in the UK are normally heard by the Employment Tribunal. The Tribunal can declare the rights of the plaintiff, such as to order a pay rise, or can order the employer to pay damages to the plaintiff. Furthermore, under the Equality Act of 2010, The Tribunal can issue equal pay audits in case of detected unequal pay practices.
Further Links
References
