Bigdeli-Azari v. Deputy Head (Department of Veterans Affairs)

2011 PSLRB 126

  • Before: Renaud Paquet
  • Decision Rendered: 2011-11-04
  • Original Language: French

Subject terms:

Termination of employment – On-call employee – Employee status – Definition of ‘‘employee’’ within the meaning of the Public Service Labour Relations Act (“the Act”) – Whether the grievor was required to work more than one third of a full-time employee’s hours – Jurisdiction

The grievor grieved the Department of Veterans Affairs’ (‘‘the employer’’) decision to terminate his employment as a general attendant – he was an on-call employee – the employer raised a preliminary objection to the Board adjudicator’s jurisdiction to hear the grievance since, in its opinion, the grievor did not have employee status within the meaning of the Act – the employer attempted to offer on-call employees no more than 52.5 hours of work per month so that they would not regularly work more than one third of full-time employees’ hours – in addition to the scheduled hours of work, the employer also asked on-call employees to voluntarily work at the last minute to fill in for other employees’ unscheduled absences – the grievor worked more than one third of a full-time employees’ hours, without being required or restricted to – the hours that he worked voluntarily, combined with his scheduled hours, resulted in him working more than 52.5 hours in the months before his employment was terminated.

Objection allowed.