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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Is this in canada? JA: The Employment Lawyer will need to

Customer Question

is this in canada?
JA: The Employment Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: well I have been placed on paid administrative leave until my employer feels satisfied that I know how to perform my job. I normally work 5 days one week and have a flex day off during the next week. My employer has asked to to attend work on my flex day off that I do not get paid for. I made plans for that day. Should I forego those plans and attend work for three hours for supervision?
JA: Got it. The Employment Lawyer will know how to help you. Anything else I can tell the Employment Lawyer before I connect you two?
Customer: Just that I am from Canada and do not know if the laws apply
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.
Are you in a union?Is the employer saying you need special training before you can continue working?Are you going to be paid for the hours of training?
Customer: replied 8 months ago.
Yes I am union
Yes the employer has made me complete a review of my knowledge.
I am on flex day that day so it would be overtime if I go in; however, the employer has not said anything
Expert:  Legal Ease replied 8 months ago.
So if you are going to be paid overtime why don't you want to go in?Have you discussed this with your union?
Customer: replied 8 months ago.
No I am waiting. It is just that I assumed that it was my flex day off I could make other arrangements.
Customer: replied 8 months ago.
Therefore, the I am expected to be available to the employer regardless if I have a flex day or not.
Expert:  Legal Ease replied 8 months ago.
What are the flex days for? Are these just days off for you?If this is for training and it is bona fide when would you feel that the employer should do the retraining?Or, are you saying that eally this is a form of discipline?Do you know what your collecting agreement says about the use of flex days and about training?If this is bona fide in the sense that they want you to be retrained in someway and they are going to pay you for this is your only objection that you already have plans for the day?I have to go into meeting now and will address your reply as soon as I come out.
Customer: replied 8 months ago.
Well there is a grievance in regarding the matter. But I am following through as a request by the employer. Therefore, the flex day is a regular day off for me every two weeks as been outlined by our collective agreement. Therefore, we work 8.38 hours per week ( on 5 days one week and off 4 days the next rotation) due to hours worked. Therefore, I am wondering if I am obligated given I am on administrative paid leave.
Expert:  Legal Ease replied 8 months ago.
It doesn't sound like you can be required to come in at all when you are on leave as that doesn't make sense in most cases. But my concern is that it sounds like they are trying to accommodate your needing to be trained and if so it is not clear whether there is really anything wrong with then asking you to come in on a day off. That is particularly the case because you are being paid while on leave. So it's not like they are getting anything out of it like free work or something like that. But I cannot know for certain if this is in breach of your agreement. To require you to work would be. But to ask you to come in for training just may be a different matter.I worry that you will not agree and then at the grievance the employer will show they tried to do all they can to rectify the situation and you refused to allow that. So please discuss this with your union and see what they recommend given the grievance.
Customer: replied 8 months ago.
Thank you for the advice.
Expert:  Legal Ease replied 8 months ago.
You are very welcome. I hope this works out.

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