The Ontario Court of Appeal has ruled that part-time employees are entitled to holiday pay for statutory holidays even when they aren’t scheduled to work. The decision was based on a collective agreement between Local 2764 and long-term care employer Marianhill Inc.
Arbitrator Richard Brown heard the grievance originally, and ruled in CUPE’s favor. Marianhill Inc. challenged the arbitrator’s decision in court. The employer argued that the arbitrator shouldn’t have used documents besides the collective agreement, or “extrinsic” evidence, to clarify an ambiguity in the collective agreement language. The first court quashed the arbitrator’s award. Local 2764 appealed, and the Court of Appeal overturned the lower court’s decision. The Court of Appeal ruled the arbitrator’s original decision was reasonable, so it is restored.