Vallières v. Canadian Food Inspection Agency

Full Text

166-32-30236 (2001 PSSRB 83)
Vallières v. Canadian Food Inspection Agency

Before: L.-P. Guindon
Appearances: V. Charette, for the Grievor; M.-C. Couture, for the Employer
Decision rendered: August 1, 2001

Compensation – Overtime – Travelling time – Paid leave for personnel selection competition – Veterinary Medicine Group – the grievor submitted his application for a position with the employer – the selection competition was held on a Saturday at a location other than his normal place of work, but in the same community – the employer refused to pay the grievor overtime to cover his travelling time and his participation in the personnel selection competition – the employer's refusal was justified by the fact that the competition was not held on one of the grievor's workdays – the grievor argued that an employee who participates in a personnel selection competition is required to do so by the employer – the employer responded that participation in such a competition did not constitute work for the purpose of the collective agreement – the employer added that, even though the competition was not held at the grievor's normal place of work, it was held in his headquarters area – the adjudicator found that the grievor was not entitled to paid leave for a personnel selection competition because the competition was not held on his days of work – the adjudicator also found that the grievor was not entitled to compensation for his travelling time since the competition was held within his headquarters area – further, the adjudicator found that the grievor could not perform overtime during the selection competition because participation in such a competition does not constitute work.

Grievance denied.

Cases cited:	Hurley (166-2-21564); Barran (166-2-16672); Groves (166-2-723); Fairfield (166-2-660).