Is a custodian required to work at a school from 3:00 to 11:00 on Friday?
British Columbia, Canada
The following excerpt is from Central Okanagan School District No. 23 v. Renaud, 1987 CanLII 2839 (BC SC):
With respect, I think the member designate was in error in arriving at her conclusion that it was not a bona fide occupational requirement to have a custodian work at the complainant school from 3:00 p.m. until 11:00 p.m. on Friday. In coming to that decision she misapplied the law pertaining to this aspect of bona fide occupational requirement as laid down in Bhinder v. CN Rail, 1985 CanLII 19 (SCC), [1985] 2 S.C.R. 561, 7 C.H.R.R. D/3093.
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