He could not refuse to work overtime merely by claiming family obligations

Release date: May 1st, 2011

A correctional services officer lodged complaints under section 122 ALS, challenging 3 suspensions following his systematic refusal to work overtime. The employee contends that he could not remain at his post past 4:00 p.m. due to his family obligations, even though his employer accommodated him by offering him time to go and pick up his children from the day care centre. The commissioner ruled that the employee had not used reasonable means available to him to find another way to meet his parental obligations, as prescribed under paragraph 6 of section 122 ALS. The employee could not purely and simply refuse to work past his usual working hours by ducking behind his parental responsibilities, without trying to find a solution. The complaints are dismissed. Perras v. Québec (Ministère de la Sécurité publique) , 2010EXPT-547, DTE 2010T-135 (CRT) Mr. Bernard Marceau, petition for reconsideration rejected


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