Jun 2007 · Ontario, Canada
Prison wrong to apply 8-hour rest rule to bar officer from overtime; board says fitness must be judged case by case
A federal prison refused a correctional officer an overnight overtime shift (23:00 to 07:00) because his scheduled day shift ended at 19:45, leaving only 3 hours and 15 minutes of rest. A manager said the concern was something happening at the institution because an employee was too tired or not alert enough. The labor board held that the collective agreement's 8-hour rest rule does not apply to overtime, and that the employer could not make a predetermined, subjective decision about fitness without speaking to the officer. It added that the employer keeps the full right to send an employee home without pay if it believes he is too tired to work.
Case CA-corrections-01Report an issue