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The tests were meant to simulate wildland firefighting work, according to the decision of the Saskatchewan Court of Appeal. That person’s ability to complete tasks within the minimum time determined whether they could work as a Type 1 firefighter.

The union had appealed the decision of a Court of Queen’s Bench judge to quash an arbitrator’s ruling that the test was unfair to women and older workers. The appeals court sided with the union.

The SGEU said in a media release Friday that it agreed to a different test with the government.

The Ministry of the Environment in a statement sent to the StarPhoenix Friday evening said it plans to use a modified version of the test, which would relax the minimum time. It noted that the arbitrator’s original finding was that the 17 minute 15 second cut time was what was discriminatory about the test.

The ministry said in the statement the government received an opinion from the experts who designed the WFX-FIT test, stating the score could validly be lowered to 18 minutes and 10 seconds.

“The ministry believes that relaxing the cut score will address the arbitrator’s concerns and will comply with the arbitrator’s requirements,” the statement said.

The ministry said the union was notified of the decision on April 2.

The SGEU said in the media release that in March, the Supreme Court of Canada refused to hear the province’s appeal from the Saskatchewan appeals court decision and that the Ministry of Environment has to “immediately cease” using the fitness test and start compensating the firefighters “it harmed.”

“These employees have suffered significant emotional and financial impacts for the past seven years,” SGEU president Bob Bymoen said in the statement.

“While I’m heartened that firefighters who were unjustly forced to resign due to this test have been vindicated, I’m appalled that government is ignoring a decision supported by the law, an arbitrator, the Saskatchewan Court of Appeal, and the highest court in Canada. The people who are deciding to forge ahead with this discriminatory test should be terminated or forced to resign.”