Employee working full-time hours not eligible for full-time employment

City of Toronto wins employment scheduling case
|Canadian Labour Reporter|Last Updated: 02/03/2015

The Canadian Union of Public Employees (CUPE) local 79 filed a grievance after the City of Toronto failed to convert Paula Melville to full-time employment status. The union argued that Melville — a member of the recreational workers part-time bargaining unit — was entitled to employment under the full-time collective agreement. A memorandum of agreement between the union and employer creates a possible bridge, the union argued, that qualifies Melville for full-time employment.

When she was hired in 2006 Melville worked as a registration clerk in the recreational unit. Within months of her hiring, however, she was reassigned as a support assistant. The position — which falls within the full-time bargaining unit — is covered by the full-time collective agreement.

While Melville performed the full-time duties of a support assistant — and received the wage rate — for a number of years, her official base position continued to be that of a registration clerk. As a result she remained a member of the recreational workers part-time bargaining unit.