Nova Scotia (Civil Service Commission) v Nova Scotia Government Employees Assn
Wages, Overtime, Assessor, Collective Agreement, Entitlement, Resignation, Compensation
The Grievor, an assessor employed by the Commission, had built up a considerable credit for overtime hours by the time he resigned his position. The Collective Agreement between the parties did not give the Grievor entitlement to overtime pay, but rather, to time off with pay, calculated at a straight time rate. Two issues arose. Firstly, the Employer argued that the Grievor was not entitled to grieve, since the Grievor had resigned, and his resignation had been accepted, prior to the filing of the grievance. Hence, according to the Employer, he was no longer an employee within the meaning of the Collective Agreement. Secondly, if he was entitled to grieve, the Employer contended that he was not entitled to compensation for overtime, since he had dated and submitted his letter of resignation prior to realizing that he had not allowed for the discharge of his overtime entitlement.
Nova Scotia (Civil Service Commission) v Nova Scotia Government Employees Assn (1982), 1982 CanLII 4417 (NSLA) (Arbitrator: Innis Christie).