What is the test for an employee to obtain a share of a pay equity settlement?
Ontario, Canada
The following excerpt is from Hollaway v. Devenish, 2009 CanLII 64833 (ON SC):
The respondent also seeks a share of the pay equity settlement on the basis of a constructive trust. In considering the criteria from Becker v. Pettkus, supra, I conclude that the respondent has failed to establish unjust enrichment.
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