Avey and Staff of the Non-Public Funds, Canadian Forces
- Before: J. Potter
- Appearances: G. Watts, for the Grievor; H. Newman, for the Employer
- Decision Rendered: 1998-02-06
Layoff - Maintenance of salary - Wage rate - Classification - the grievor was the Head Cashier at a convenience store of a Canadian Forces Base - this was a full-time position classified at level 7 - as the result of a reorganisation, the grievor's position was abolished - the grievor's name was placed on a full-time lay-off list for nine months and she was offered to work as the Office Co-ordinator in the meantime, keeping her level 7 wage rate - the Office Co-ordinator position was a part-time position classified at level 7 - four months later, this position was abolished and the grievor was offered a part-time Salesclerk/Cashier position, classified and paid at level 4 - the grievor filed a grievance on the basis of an "improper pay rate offered to a 'red circled' employee" - at the hearing, the grievor argued that, while working as a level-4 Salesclerk/Cashier, she was performing duties she previously performed as the Head Cashier and that her wage rate should reflect such - the grievor requested the adjudicator to determine a wage rate somewhere between level 4 and level 7, approximately at level 5 - the employer argued that the grievance was filed before the grievor began to work as a Salesclerk/Cashier and that, at that time, she could not have been concerned with the extra duties she would have had to perform in that position - she was rather concerned that her level-7 pay would not be maintained - the employer submitted that the grievor was classified and paid as a level-4 employee and that the adjudicator lacked jurisdiction to reclassify her Salesclerk/Cashier position - the adjudicator decided he had no jurisdiction to reclassify that position or to determine its wage rate.