View cases - Stewart McKelvey

Health Sciences Assoc. of B.C. v. Campbell Riverand North Island Transition Society Page 12capable of performing the Child Counselling positionand the Grievor was capable of performing theTransition House Counselling position. Thus, theCollective Agreement offered both the potential ofdifferent hours of work, and differentclassifications.However, what is clear is that the Grievor wasnot entitled to keep either her same hours of workor her same position. The Employer had the right tochange the hours of work of that position in orderto extend a much needed service to the community.2004 BCCA 260 (CanLII)[21] The appellant union does not challenge the conclusions ofthe arbitrator that there was no tort and no breach of thecollective agreement committed by the respondent society. Nordoes it dispute the conclusion of the arbitrator that thechanges in the working hours of Ms. Howard were a work-relatedrequirement of the respondent society made in good faith. Thearbitrator said that the respondent’s “purpose was simply tooffer counselling services to children who would otherwise notbe able to access them.”[22] The appellant union says that the arbitrator erred in notfinding that the respondent breached s. 13(1) of the Code bydiscriminating against Ms. Howard on the basis of familystatus. It also says that the arbitrator erred in decliningjurisdiction under s. 37(2)(d)(iii) of the Code to awarddamages.