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166-2-31690 (2003 PSSRB 74)
Diotte v. Treasury Board (Solicitor General Canada - Correctional Service)
Before: J.-P. Tessier
Appearances: C. Lalande, for the grievor; S. Hould, for the employer
Decision rendered: September 3, 2003
Pay – Paid holiday – Postponed to another day on which the employee was absent – Sick leave – the grievor has worked for the Correctional Service of Canada (CSC) for 16 years – in 2001, the statutory holiday (paid holiday) on October 8 coincided with a day of rest for the grievor – that paid holiday was therefore deferred to October 10, a day that formed part of the grievor's scheduled hours of work – on October 10, 2001, the grievor took sick leave and the employer deducted four hours from his bank of sick leave, given that it was obliged to pay him for his statutory holiday of eight hours – the grievor lodged a grievance, claiming that the paid holiday should be paid on the basis of his hours of work, that is, on the basis of 12 hours – the adjudicator stated that Article 34 provides specific indications on pay for designated paid holidays, as well as indications on sick leave, indicating that the hours debited shall be the same as the employee would normally have been scheduled to work on that day (clause 34(5), under the heading "Sick Leave") – accordingly, the adjudicator concluded that in this case, he was bound by the specific wording of the collective agreement on holidays and by the preamble to Article 34 indicating that variable hours of work shall not result in any additional cost.