What is the impact of a decision made on the basis of cost versus cost on the distribution of overtime hours?

Canada (Federal), Canada

The following excerpt is from Bucholtz et al. v. Treasury Board (Correctional Service of Canada), 2010 PSLRB 111 (CanLII):

50 In establishing whether or not a particular overtime allocation made on the basis of cost (ie. time and one-half v. double time) caused an inequitability in the distribution of overtime over the course of a quarter, one cannot simply compare the total points or hours accumulated by each officer at the end of each quarter. Nor can one establish this by simply comparing the quarterly totals of the officer who claims to have been bypassed in comparison to the officer who was allocated the overtime. Since the number of overtime hours worked will largely be determined or influenced by the number of shifts for which an employee indicates his or her availability, such a simplistic comparison does not necessarily lead to a proper result. It may be that an officer’s low totals at the end of a particular quarter are accounted for by the fact that he or she indicated availability on only a few occasions rather than by the fact that they were bypassed on one occasion because the employer would have had to have paid them double time.

Other Questions


Can we reverse the decision of the Ontario Court of Appeal on the basis of facts not incorporated in the record at the time of the decision? (MultiRegion, United States of America)
Is an employer required to pay overtime for hours worked beyond forty hours per week? (MultiRegion, United States of America)
Does a district court have authority to make across the board reductions in the number of hours claimed in an hour-by-hour analysis of a fee application? (MultiRegion, United States of America)
What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this? (Canada (Federal), Canada)
What is the impact of a panel's decision not to grant a permanent resident's right of appeal against a determination that she failed to meet her residency obligation under section 28 of the Immigration Act? (Canada (Federal), Canada)
What is the impact of the court's decision not to take live testimony from the jurors before the evidentiary hearing? (MultiRegion, United States of America)
Is a rule of decision made by the Supreme Court that is "substantive" in determining whether a particular state rule or decision is a federal law? (MultiRegion, United States of America)
What is the difference between a Federal BIA decision and an immigration judge's decision that discretionary relief is unwarranted? (MultiRegion, United States of America)
What is the impact of a decision by a visa officer not to grant an application for a business visa to Canada? (Canada (Federal), Canada)
What is the lodestar for calculating the amount of reasonable hours expended by a single person to meet a reasonable hourly rate? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.