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166-2-27085, 27086, 27087
Reid, Dixon, Desmarais and Treasury Board (Revenue Canada – Taxation)
Before: B. Turner
Appearances: D. Landry, for the Grievor; M. Crocker, for the Employer
Decision rendered: January 3, 1997
Maternity leave allowance - Term employee - Continuous employment - grievors had been employed on a series of term contracts totalling in excess of six months of continuous employment when they went on maternity leave - relevant provision of collective agreement specified that "after completion of six (6) months' continuous employment, an employee who agrees to return to work for a period of at least six (6) months ... shall be paid a maternity leave allowance" - grievors undertook to return to work for a period of at least six months when they received the maternity leave allowance - shortly after their return to work there was a break between their contracts of employment of less than three months although they did work for more than six months following their return from maternity leave - employer required them to repay their maternity leave allowance on the basis that they were required to work for at least six continuous months following their return from maternity leave - employer maintained that the break between contracts disentitled them from receiving the maternity leave allowance - adjudicator found that the collective agreement did not specify that the six-month period of employment had to be continuous - however, even if it did, adjudicator pointed out that the definition of "continuous employment" in the collective agreement deemed an interruption of less than three months not to constitute an interruption in continuous employment - adjudicator directed employer to repay the maternity leave allowance to the grievors.