HRInsider.ca » Did Employer Change Work Shifts to Avoid Overtime?

Did Employer Change Work Shifts to Avoid Overtime?

Employees filed a grievance against their employer for changing their hours without proper notice and then failing to pay them overtime for the extra hours they had to work. The collective agreement banned making work schedule changes “solely” to avoid overtime. The arbitrator ruled that the shift changes were “primarily” to avoid overtime and thus violated the collective agreement. But the court said the arbitrator’s decision was unreasonable and reversed it. According to the court, the need to cover shifts of an employee on leave was an operational requirement that justified the shift change [New Brunswick v. New Brunswick Union of Public and Private Employees, 2008 NBQB 129, April 3, 2008].

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