BCGEU and Ministry of Children and Families (April 23, 2008)

The member filed a grievance alleging the Employer's failure to convert her status from auxiliary to regular was a violation of her human rights. The member was a long service auxiliary employee who could not work full time hours due to health problems that would meet the definition of a disability. The parties were able to resolve the issues on a without prejudice basis on terms that resulted in a retroactive conversion to part-time regular status for the member and a financial payment to compensate her for the sick leave benefits she did not receive because of the Employer's failure to convert her.

BCGEU and B C Pavillion Corp - June 18, 2008 #969

The arbitrator accepted the union's argument that part-time and event-time employees met the test for eligibility (having worked at least 1800 hours in 12 months) to be converted to regular positions. The members were entitled to be converted to full time positions and entitled to compensation for the employer's failure to convert them. 

The employer filed a section 99 review of the arbitration award. The Board issued reasons on August 29, 2008 dismissing the application as disclosing no reasonable basis for an appeal.