Paid 3 hours for a one-hour training session while on leave

Release date: October 1st, 2014

The employee was summoned to a mandatory one-hour training session while he was on leave. He demanded compensation amounting to 3 hours’ pay. After some research in case law, the arbitrator ruled that an employee who takes part in a training session at the employer’s expressed request must be treated “as if he were at work”, and the time spent at that training must be considered work time. On the other hand, when an employee takes part in a mandatory training session lasting less than 3 consecutive hours outside of his regular work schedule, the employee is entitled to receive an indemnity amounting to a minimum of 3 hours’ pay at the straight-time hourly rate, in accordance with section 58 of the Labour Standards Act. The existence of a consistent past practice of paying only one hour’s pay to employees who take part in a training session outside of their regular work schedule cannot invalidate the public nature of the Labour Standards Act. The grievance was therefore upheld.

Résidence Berthiaume-du-Tremblay v. Syndicat québécois des employées et employés de service, Local 298 (FTQ)


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