Union News October 2018
In a decision published the week of September 10, 2018, an adjudicator representing the Public Service Labour Relations and Employment Board ruled in favour of an employee of the Canada Revenue Agency who was unable to attend work as a result of a fierce snowstorm which occurred in 2015 on Prince Edward Island.
As previously published in our newsletter on many occasions, the position of the union and substantiated by many adjudicators, is that our collective agreement contains a clause (53 .01) which provides for leave with pay to employees who were unable to report to work in situations such as those in this incident. The provision is that certain criteria must have been met which has been reiterated on many occasions by adjudicators.
Still the Canada Revenue Agency time and time again ignores this and denies leave to members who have clearly met the requirement. Unfortunately, many members accept these decisions and do not fight for their rights by challenging the employer. Those that do, more times than not, are successful in receiving leave with pay for the time missed rather than having to take vacation or in this instance, unbelievably, the employer allowed the employee to take sick leave.
In the adjudicator’s ruling the Agency was ordered to reinstate the employee’s sick leave and provide them with 3.5 hours of leave with pay. The pay in this case was worth approximately $100. While it is understood that in certain situations where no precedents exist any employer may be reluctant to grant leave that they perceive may establish an adverse precedent. However, where precedents do exist and the facts in the case are similar and meet established criteria the employer should do the right thing. To quote Magali Picard, National Executive Vice-President of the Public Service Alliance of Canada, “We have won these cases in the past. It is hard for me to understand … Why they would penalize an employee when it is something completely out of their control”.
By taking this rigid and somewhat ill-informed position the employer, and ultimately Canadian taxpayers, incur substantial and unnecessary costs.
When will they ever learn…
This article is meant to serve as a reminder to members that with winter fast approaching, you may encounter a similar situation. If after making reasonable attempts to get to work, you are unable to do so, the collective agreement mandates that the employer consider these situations when brought to their attention. Should you be denied the granting of leave with pay under Article 53.01, please consult with a local union representative.
Communications Committee