Public Service
Labour Relations
Judicial review of decision by Adjudicator certain federal government employees should receive, as damages, compensation for hours worked outside those in previous schedule—Until 2002, by mutual agreement of employees and employer, employees working 12-hour shifts on rotating 12-week schedule or consistent schedule of 8-hour daytime shifts—In October 2002, employer unilaterally implementing new 5-week schedule requiring all employees to work mix of 8-hour and 12-hour shifts—“Overtime” defined in collective agreement as “authorized work in excess of employee’s scheduled hours of work”—Adjudicator interpreting “overtime” to include hours worked outside of usual hours—Whether interpretation of “in excess of” falling within a range of possible, acceptable outcomes which are defensible in respect of the facts and law—Adjudicator’s interpretation reasonable—Within Adjudicator’s discretion to conclude employees suffered loss by having to work on days would not have worked but for improperly imposed schedule—Consequential remedial relief granted to employees within Adjudicator’s broad discretionary powers, within range of reasonable outcomes—Applications dismissed.
Nitschmann v. Canada (T-1831-07, T-1842-07, 2008 FC 1194, Snider J., judgment dated October 24, 2008, 13 pp.)