Nova Scotia (Civil Service Commission) v Nova Scotia Government Employees Assn
Compensation, Overtime, Judicial Review, Jurisdiction, Statutory Holiday
The grievance is a continuation of one previously heard in January 1982, and involves compensation for overtime. The Arbitrator originally found for the Grievor and awarded damages. The Employer sought judicial review of the award and the court found that the Arbitrator had the jurisdiction to award damages. The matter is now whether the damages should include pay for statutory holiday. The Grievor was to be compensated for overtime worked during a 9 month period with straight time of with pay. On his retirement on May 11, 1981 he had accumulated enough overtime to remain on the payroll through and including July 1, 1981, a statutory holiday. The Grievor had kept a record of his overtime and submitted the hours to the Employer for compensation. The Employer questioned the number of hours, but could not give evidence that the Grievor's claims were either incorrect or unreasonable.
Nova Scotia (Civil Service Commission) v Nova Scotia Government Employees Assn (1982), 1982 CanLII 4384 (NSLA) (Arbitrator: Innis Christie).