Worker claims overtime for rescheduled shift

Regular shift was rescheduled for immediately following previous shift, resulting in 16 straight hours of work but no extra weekly hours
|Canadian Employment Law Today|Last Updated: 09/21/2011

This instalment of You Make the Call features an employee who demanded overtime after having his shift changed.

Gregory Cooper was a correctional officer at Fenbrook Institution near Gravenhurst, Ont. His position involved shift work made up of eight-and-a-half or nine-hour shifts, either in the evening or the morning. He would work seven consecutive days followed by either three or four consecutive days off.

For the week of June 18, 2007, Cooper was scheduled to work evening shifts during the entire week. However, due to operational issues it foresaw, on May 7 Corrections Canada (CSC) changed his June 24 evening shift to a morning shift, which directly followed is evening shift of the previous day. This resulted in 16 straight hours working, for which Cooper was paid regular pay because the shift was part of his regular shift load.