Coram and Treasury Board (Transport Canada)

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166-2-26681
Coram and Treasury Board (Transport Canada)

Before: M. Korngold Wexler
Appearances: P. Barnacle, for the Grievor; R. Lafrenière, for the Employer
Decision rendered: August 19, 1996

Annual leave - Request to cancel approved leave on short notice - Air traffic controller - grievor was employed as an operational controller at the St. Andrews Tower in Manitoba - it was employer's policy that employees were required to request leave and use vacation leave credits throughout the fiscal year and that there would be no carry over unless there was a shortage of staff - when by early October 1993 the grievor had not requested vacation leave although he had a large number of unused vacation leave credits, his superior enquired as to the grievor's plans respecting leave - as a result grievor requested and obtained approval for annual leave from March 6 to 28, 1994 - on February 25, 1994, grievor requested cancellation of this leave "due to family related and personal medical reasons" - employer denied his request because of the lack of cogency for the reason thereof, because of the shortness of notice and because St. Andrews Tower was overstaffed - grievor then went on leave and on his return to work he filed a grievance against the employer's denial of his request for its cancellation - he sought reinstatement of his leave credits - grievor testified that he had planned on taking a trip with his family to Palm Springs but had cancelled his plans due to insurance problems arising out of the fact that his wife was currently receiving cancer treatments - he had not advised the employer of his wife's medical problems at the time he requested cancellation of the leave - adjudicator pointed out that under the relevant provisions of the collective agreement employer had an obligation to make every reasonable effort to schedule an employee's vacation leave during the fiscal year it was earned - collective agreement also specified that the parties agreed that it was both appropriate and desirable that each employee utilize his full vacation leave entitlement during the year it was earned - furthermore, grievor failed to advise employer of the true reasons for his request that the leave be cancelled - employer did not violate the collective agreement when it denied his request.

Grievance denied.