Discretion must be consistent with contract

Management’s right to decide who could have training subsidized was not fettered by the collective agreement. But that discretion did not extend to proposing a threshold that was inconsistent with the purpose of the provision.
|Canadian Labour Reporter|Last Updated: 03/21/2011

Refused a subsidy to study Building Environmental Systems by his employer, a caretaker grieved.

Employed by a large school board, D.B. was a caretaker with 14 years’ service when he sought pre-approval for a subsidy to take courses at a community college.

Under the collective agreement, employees were entitled to “Educational Allowances” amounting to 50 per cent of tuition for courses taken at the behest of the Board. Also, employees who took courses on their own initiative that were related to their jobs were also entitled to a subsidy if they arranged pre-approval from the employer.