Differences in treatment: Employer may pay lower wages to part-time and student employees

Release date: March 1st, 2021

The union contested the claim that part-time and student employees receive a lower wage than other regular employees, in violation of section 41.1 ALS. The section provides that no employer may remunerate an employee at a lower rate of wage than that granted to his other employees performing the same tasks in the same establishment solely because of the employee’s employment status. The tribunal found that, even if part-time and student employees were performing the same tasks as regular employees, their employment status was not the only reason for their receiving a lower wage. Discrepancies in wages may be due to the difference in experience acquired through the execution of the duties of a particular position. There is thus reasonable cause to justify part-time and student employees receiving a lower wage than that paid to other employees.

Syndicat des travailleuses et travailleurs de la boulangerie
Vincent Massey and Boulangerie Canada Bread Ltd.

2020EXPT-1402, 2020 QCTA 345, Martin Racine


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