The following excerpt is from Nova Scotia Department of Transport and Infrastructure Renewal v Canadian Union of Public Employees, Local 1867, 2017 CanLII 2302 (NS LA):
49. Lastly, Re Children’s Aid Society of Halifax v. CUPE, Local 283 1987 CarswellNS 644 (Cotter) is a case cited by the Union, which reviews the cases (as they then were) discussing the meaning of a vacancy and its connection to the question of whether there is a “job of work to be done.” In the particular circumstances of that case, it was found that the Employer had essentially promoted a part-time employee to full-time, without posting the position, contrary to the collective agreement. The case also highlighted the importance of seniority rights and the care that ought to be taken to ensure that those rights are not diminished or rendered nugatory by actions of the Employer. CONCLUSION
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