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CUPW 2011
Links to CPC Householder Values and Walks by
FSA
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CANADA POST CORPORATION AND CANADIAN UNION OF POSTAL WORKERS
Regular Arbitration - Toronto, Ontario - August 14, 1995
Appearances: For the Corporation - L. Waine For the Union (Scarborough Local) - R. Irwin, A. Colacci, G. Smith
C. Yarrow 602-95-00183
During course of 1993-94 fiscal year, grievor had purportedly overdrawn his vacation leave entitlements by 6 days. Due to a sequence of clerical errors the overdraft was not discovered until February-March 1995 and the employer began to deduct six days of pay. The evidence is clear that throughout 1994 the grievor’s "Applications for Leave" were approved both by his supervisor(s) and the payroll office. The indication on each form was that Yarrow had not exceeded his leave credits. The grievor, while prepared to accept the employer's record brought to his attention in 1995. claimed that he had taken the record on his leave application forms in good faith. He had at no time been informed that there was a problem with his annual leave credits.
In my opinion, Godfrey[1] is instructive in this case. Because of an apparent clerical error the grievor was misled into believing - over a period of more than a year - that he was drawing on, not exceeding, his entitlements. During this lengthy period he had placed reasonable, but as it turned out detrimental, reliance on the payroll office's endorsements of his leave applications. The employer should therefore be estopped from reclaiming the six days at this late date.
Grievance succeeds. The grievor is to be reimbursed the six days pay that had been deducted.
Ottawa, Ontario, August 16, 1995 S. J. Frankel, Arbitrator
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