Rehired Employee Not Entitled to Credit for Former Seniority

|Canadian Labour Reporter|Last Updated: 02/05/2011

Fired after delays in securing her pardon prevented a part-time security guard from acquiring the provincial credentials necessary for her employment, a casino security guard grieved her employer’s refusal to credit her seniority after she was rehired.

Employed as a security guard at a provincially regulated gaming establishment, S.M. was hired first on a part-time basis in May, 2007 — three months before new regulations came into effect requiring workers at gaming establishments to acquire an additional license under the Private Security and Investigative Services Act (PSIS).

A letter of understanding in the collective agreement acknowledged that the acquisition and maintenance of a PSIS licence was a condition of employment at the facility.