Fort McMurray, Alta., cook alleges underpayment for work

Chef showed favouritism which was noted by other workers

When the managing chef at a work camp was away, a first cook filled in for him and was paid as a chef, but the temporary designation was not enough to prevent the cook from being permanently laid off in 2015.
Mani Kanniappan first worked at the Albian Sands Village site north of Fort McMurray, Alta., in 2014 for Great West Catering. On days when Craig Mackintosh, chef/manager, took off (the staff worked on a 21-days-on, 7-days-off schedule) Kanniappan filled in for him and he was paid at the higher rate.
When Mackintosh returned to work, Kanniappan was back working at his original position, the lower-rated first-cook classification. Chefs generally worked in the office, mainly doing administrative duties, while first cooks were strictly stationed in the kitchen.
A few weeks into his job, Kanniappan was promoted by Mackintosh via a form to cook/acting chef, even though that position was not formally identified in the collective agreement. Kanniappan testified that during his time as cook/acting chef he performed mainly chef’s duties, working in the office alongside Mackintosh.
As well, he worked 12-hour shifts, not eight hours which were for cooks, which meant management viewed him as a chef, said Kanniappan.
 On April 23, 2014, Bill Laws, food-services manager, sent an email to Mackintosh, directing Kanniappan to “target and focus” on certain duties that included “office duties epay etc. 4 hours,” and “making sure all records are up to date,” among other administrative duties. The email was CCed to two other supervisors.
On May 12, a new operations manager took over and found there was some concerns about how Kanniappan was given more overtime that he was entitled to as a first cook. 
Mackintosh was asked why Kanniappan was being paid for 12-hour shifts while he was in the office, which was contrary to practice. Mackintosh said it was Laws who had okayed the practice.
When he was then asked on Aug. 7 about that, Laws said he authorized Kanniappan working in the office to help Mackintosh manage his workload, but he hadn’t authorized the 12-hour shifts.
On Oct. 14, a complaint line heard from a worker that “Craig and Mani remain in the office for 12 hours each shift, socialize and remain on the computer, and eat food from the kitchen while they are in the office.” This was an example of favouritism, said the anonymous employee, and it was unfair. 
Management then held a meeting and clarified that Kanniappan was to conform to the original duties as a first cook, when Mackintosh is on site, and to “minimize the amount of admin work being passed off” to Kanniappan.
On July 2, 2015, Kanniappan and the union, UNITE HERE, Local 47, filed a grievance after Kanniappan felt that he wasn’t being properly paid. But on Dec. 17, he was laid off and a note attached said, “full layoff — no recall.”
Arbitrator Andrew Sims found there was no formal promotion in the form from Mackintosh and therefore Kanniappan was not entitled to being considered as a chef.
“What it did, and what it was intended to do, was to formally record the arrangement where he would fill in for the chef/manager, about one week per month, being paid as a chef for those specific days but thereafter returning to the first cook’s duties and rate of pay,” said Sims.
Despite Kanniappan acting as if he was a chef, he wasn’t, said Sims but rather a personal aide to Mackintosh. “First and foremost, Mackintosh scheduled the grievor to work a 12-hour shift, giving him overtime beyond that available to the rest of the first cooks on shift. Second, it allowed him to stay mostly in the office with Mackintosh. This afforded a social and a status advantage. Third, he did not have to cook, which the other first cooks had to do. All in all, this presented (Kanniappan) with a congenial and profitable arrangement,” said Sims.
The blame should be placed on Laws (who had left the company in 2014), according to the arbitrator. “I do find that the employer, due to the overly lax supervision of Laws, was not fair and reasonable in the application, administration and operation of the agreement.”
But Kanniappan was entitled to receive “damages for the grievor for the February to October period at $2,500,” said Sims. 
Reference: Dene West Limited Partnership and UNITE HERE, Local 47. Andrew Sims — arbitrator. Joyce Mitchell for the employer. David Mercer for the employee. Aug. 27, 2018. 2018 CarswellAlta 1860

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