Can an employer require an employee to work 75 hours in the month of June to qualify for an annual allowance?
Canada (Federal), Canada
The following excerpt is from Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency), 2018 FPSLREB 82 (CanLII):
32 Paragraph 35 of Brisson v. Canadian Food Inspection Agency,2005 PSLRB 38, states as follows: “The adjudicator, when dealing with a clear clause, cannot add terms that might have the effect of expanding or diminishing the clause’s scope.” The grievor stated that to read Appendix J in the manner suggested by the employer, which is that to earn the annual allowance for the month of June 2013, an employee must have worked 75 hours between June 21 and 30, 2013, would in effect add terms that would either expand or diminish the scope of Appendix J.
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