Is overtime included in the calculation of vacation and sick leave?

Canada (Federal), Canada

The following excerpt is from Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN v. Treasury Board (Correctional Service of Canada), 2019 FPSLREB 56 (CanLII):

37 This interpretation is reinforced by the parties’ past practice since at least 2005 of not including overtime in the calculation of vacation and sick leave. Additionally, it is well established that a benefit that entails a monetary cost to the employer must be clearly and expressly stipulated in the collective agreement (see Wamboldt v. Canada Revenue Agency, 2013 PSLRB 55 at para. 27). In this case, the union had the burden of proof of showing that on a balance of probabilities, its interpretation should be preferred. It did not convince me that overtime is clearly and expressly included for the purposes of clauses 29.02 and 31.01.

Other Questions


What is the test for a motion to vacate or remand a sentence that would have been vacated or vacated? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a lesser-included offense included in a criminal indictment? (MultiRegion, United States of America)
When a federal court makes a mistake in its Guidelines calculation for a sentence, can the sentence be vacated or remanded? (MultiRegion, United States of America)
Does a husband's income tax return need to include a Mexican divorce as part of his income tax calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense? (MultiRegion, United States of America)
What is the test for calculating a percentage in a calculation of the amount payable by an employer to an employee in return for their services? (Canada (Federal), Canada)
In what circumstances will a federal judge vacate or vacate an improper portion of a sentence? (MultiRegion, United States of America)
Can a motion to vacate an order of confirmation made at one term, and the order vacating it at another term, be overturned by an appellate court? (MultiRegion, United States of America)
Does vacating the jury's drug quantity findings require us to vacate the conspiracy conviction itself? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.