A ‘comparable position’ is more than same job title and income

A salesperson who went on maternity leave is entitled to all the accounts she worked on before she went on leave, an arbitration board has ruled
|Canadian Employment Law Today

A salesperson who went on maternity leave is entitled to all the accounts she worked on before she went on leave, an arbitration board has ruled.

Tina Mancusi worked in the advertising department of the Winnipeg Sun newspaper. In late 2004 when she returned from maternity leave she was given a different list of clients than what she had before. She filed a grievance through her union, claiming this violated a clause in the collective agreement that after maternity leave, “the employee shall be immediately reinstated to her original or comparable position.”

Mancusi said that before she went on maternity leave she worked in auto sales. This became her “vertical market” – it dealt consistently with the same kind of product, and all ads in that category were directed to her.