The grievor notified her employer that she was available to work on her alternate statutory holiday – the collective agreement stated that “[w]hen the Employer requires the services of employees who are not required to report to work on a designated paid holiday, the Employer shall offer the work to those among them who are qualified and readily available, starting with the employee who… has worked the least number of hours on designated paid holidays…” – the employer left the grievor a message offering her the day shift on her alternate statutory holiday – the grievor did not return the call – the employer then offered the night shift for the same day to another employee, who was not on a designated paid holiday – the adjudicator found that the employer breached that collective agreement by not offering the night shift to the grievor, because it could not have assumed that the grievor was not available to work that shift – the adjudicator awarded the grievor compensation for the night shift.

Grievance allowed in part.