FPSLREB Decisions
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Public Service Staff Relations Act
- Date: 2004-06-07
- File: 166-2-31920
- Citation: 2004 PSSRB 56
Before the Public Service Staff Relations Board
BETWEEN
LOUIS RIVIETZ
Grievor
and
TREASURY BOARD
(Citizenship & Immigration Canada)
Employer
EXPEDITED ADJUDICATION DECISION
Before: Yvon Tarte, Chairperson
For the Grievor: Cécile La Bissonnière, Public Service Alliance of Canada
For the Employer: Jeff Laviolette
Heard at Saint-Sauveur, Quebec,
May 12, 2004.
[1] This grievance involves a claim for overtime payment for work performed while the grievor was on assignment in the Philippines.
[2] The following statement of facts was agreed upon by the parties:
- At the time of filing the grievance (ONT-01-801), the grievor worked for Citizenship and Immigration Canada at the Greater Toronto Enforcement Centre in Mississauga, Ontario. He performed the duties of a Program Advisor at the PM-04 group and level.
- On May 5, 2001, Mr. Rivietz began an eight (8) week temporary duty assignment at the CIC Office in the capital of the Philippines, Manila.
- Upon his return to Canada, the grievor submitted an extra duty form for the following hours:
14 May 2001 2.75 hours
15 May 2001 2.75 hours
16 May 2001 2.25 hours- Management did not approve Mr. Rivietz's claim for overtime because he had not received prior approval to work such overtime.
- Articles 28, clause 28.04(a) of the Program and Administrative Services collective agreement reads:
An employee is entitled to overtime compensation under clauses 28.06 and 28.07 for each completed period of fifteen (15) minutes of overtime worked by him or her:
(i) when the overtime is authorized in advance by the employer or is in accordance with standard operating instructions.
[3] The grievor claims that he was told during a training session, prior to leaving for the posting, that overtime would be required during the assignment and that submissions for payment were to be made after his return to Canada.
[4] Mr. Rivietz stated that his understanding of the overtime situation was confirmed during a telephone conversation with Scott Young, who provided the training session prior to Mr. Rivietz's departure for the Philippines.
[5] The employer responded that according to persons who dealt with the issue at the training session, attendees were also told that overtime would have to be approved at the mission.
[6] On the balance of probabilities, I conclude that the grievor's version of events must be accepted. Given that the employer has not tendered documentation to counter Mr. Young's statement, I conclude that reasonable overtime at the mission was authorized in advance during the training session.
[7] The employer could easily have avoided this situation by requiring that all participants at the training session sign off on a document containing the precise terms and conditions of their assignment.
[8] The grievance is therefore allowed.
Yvon Tarte,
Chairperson
Ottawa, June 7, 2004.