‘Deemed qualification’ provision not discriminatory: Arbitrator

Union said provision allowing workers to skip assessment discriminated against certain applicants
By Jeffrey R. Smith
|Canadian Labour Reporter|Last Updated: 05/24/2016

An Ontario employer’s collective agreement provision requiring  employees to have a certain amount of service time to skip the evaluation process for internal job postings was not discriminatory against new mothers, an arbitrator has ruled.

The City of Toronto’s collective agreement with its union, the Canadian Union of Public Employees (CUPE) Local 79, enshrined a process for determining qualifications of existing employees for posted positions. The agreement stipulated that if an employee performed the duties of a posted position for at least a year, and had performed those duties within the last six months, then the employee would be “deemed qualified” for the position.

Employees who weren’t deemed qualified for a position under the collective agreement provision had to proceed through the normal screening process.