Tuesday, November 12, 2024
For a third consecutive time, AMAPCEO has successfully challenged the Ontario Public Service (OPS) Employer’s denial of a member’s telework Alternative Working Arrangement (AWA) request.
In this instance, the member wanted to work from home more than two days a week as a simple personal preference.
Their manager interpreted the Secretary of Cabinet’s 2022 Return to Office memos to mean that they could not grant an AWA of more than two days teleworking, unless the employee could demonstrate “exceptional circumstances,” which would trigger the employer’s duty to accommodate under the Ontario Human Rights Code.
In her decision, the Arbitrator reiterated the Grievance Settlement Board’s previous two decisions, saying that a blanket application of the Secretary of Cabinet’s memos amounted to a violation of Article 47 of the AMAPCEO–OPS Collective Agreement.
The Arbitrator also found that the manager had inappropriately narrowed the scope of their authority when they only considered AWA requests that demonstrated an exceptional need. Instead, the manager should have analyzed both the benefits and detriments to the work site when assessing operational viability. As a result of these errors, the manager was in violation of the Collective Agreement.
The Arbitrator’s decision further reinforces AMAPCEO’s position that a manager’s discretion cannot be constrained by a blanket rule or direction.
“AMAPCEO members have proven that they can work for Ontario anywhere,” said AMAPCEO President Dave Bulmer. “This decision demonstrates, once again, that flexible work works, and that a one-size-fits-all approach will not stand up to legal scrutiny.”
AMAPCEO will continue to fight for our members’ rights under Article 47 of the OPS Collective Agreement, and to keep members informed as these cases progress.
If you have any questions about this decision or your own AWA request, please contact a Workplace Representative.
