Letourneau v. National Research Council of Canada

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2011 PSLRB 104
Before: Kate Rogers
Decision Rendered: August 12, 2011
Original Language: English

Termination (non-disciplinary) – Layoff – Severance pay – Wage rate – Work assignment – Ambiguity in the collective agreement – Unilateral employer policy – Information Services Group bargaining unit

Upon the grievor’s layoff, the employer calculated her severance pay based on the level of pay of her substantive position, classified IS-01 – she grieved that the employer’s calculations should have been based on the level of pay of the IS-02 position to which she was temporarily assigned at that time – the adjudicator found that the collective agreement was ambiguous about the rate of pay to apply in the circumstances – she found further that the employer’s policy on terms and conditions of employment provided for the calculation of severance pay based on the rate of pay of an employee’s substantive position – as the grievor recognized at adjudication that the collective agreement had not been violated, the adjudicator resolved the collective agreement ambiguity in accordance with the employer’s policy on terms and conditions of employment.

Grievance denied.