An arbitrator has ruled that management
at the Canadian Broadcasting Corporation was not justified
in denying a one-year leave without pay to a Guild
member working at CBC-TV.
In his decision, arbitrator Stephen Raymond granted
the leave.
Raymond's ruling is good news for employees seeking
a leave for personal or professional reasons.
"(The) provisions of this collective agreement
are liberal in respect of the right of the employee
to be granted a leave of absence without pay," Raymond
wrote.
"We are very pleased that a neutral third party
reads the language in the contract the same way we
do," says Marc-Philippe Laurin, president of the
Guild's CBC branch. "The ruling confirms that
people may have an option other than quitting to take
a break from work and try out new things in their lives.
We expect all employees to have fair access to this
opportunity."
Raymond stressed that CBC management must attempt
to meet the needs of the employee, according to Article
71.1.
Secondly, he ruled that if
there are no operational impediments, the leave becomes "almost automatic." And,
to determine whether operational requirements are a
factor, he said the employer must be able to say "we
need to do this and in (his/her) absence we will be
unable to do so."
Using the excuse that the employee
is "good" and "difficult
to replace because of (his/her) experience" is
not a legitimate reason for denying a leave. Raymond
found that CBC management had not even "turned
its mind to how the grievor might be replaced."
Thirdly, he ruled that it is
irrelevant that the leave in question was not intended
to benefit the career of the employee and, by extension,
the CBC. Raymond said that the absence of a benefit
to the CBC cannot be used to deny a leave; instead,
if there were a benefit, it may be a reason to grant
a leave in spite of operational requirements.
Separate provisions in the
collective agreement allow for other types of leave,
including "special leave" (article
72), to deal with "personal matters or unforeseen
emergencies that affect the employee or the employee's
immediate family, such as illness..., moving, marriage,
(and) divorce on the day of court appearance."