| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
accumulated sick leave credits |
|
|
Summary:
Sick leave days not used during the year were payable in the first week of January, according to the collective agreement. Monies allocated to that week pursuant to para. 58(18)(b). Upheld by the FC.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
errors in law |
misinterpretation of provision |
|
Summary:
We are all of the opinion that the Umpire was correct to decide that the Board had erred in law by interpreting a clear clause in the collective agreement governing the claimants in a manner which contradicted its text.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
paid or payable |
|
Summary:
School bus drivers whose unused sick leave days were payable, according to the collective agreement, in the first week of January contrary to the employer's statement that they were payable in the first week of the return to work in January, which in this case was the second week of January.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| board of referees |
legislative authority |
contract and labour agreement |
|
Summary:
We are all of the opinion that the Umpire was correct to decide that the Board had erred in law by interpreting a clear clause in the collective agreement governing the claimants in a manner which contradicted its text.
Effectively, while the parties are free, as far as they are both concerned, to interpret their agreement the way they mutually agree, they do not enjoy the same freedom when their interpretation affects the rights of third parties.
