Olymel s.e.c./l.p. operates a meat production plant. The union alleged that the grievor should have been assigned pre-op work on any occasion between 2017 and 2020 when a lead hand with less seniority than the grievor performed pre-op.
The arbitrator dismissed the grievance. The employer was not obligated to assign pre-op overtime work to the grievor because he could not perform that work. Pre-op overtime work required specific training. The employee had never requested or completed this training. An employee cannot establish a right to overtime work that he or she cannot perform.
Fasken advised and successfully represented Olymel s.e.c./l.p. with a team comprised of Christian Paquette (lead counsel) and Vincent Rocheleau.
Jurisdiction
- Ontario
