Request for 15 years of back overtime pay rejected

|Canadian Employment Law Today

Schenkman v. Canada (Treasury Board - Public Works & Government Services), 2004 PSSRB 1, 2004 CRTFP 1 (Can. P.S.S.R.B.)

Isac Schenkman worked as a marine engineer for the federal government. In November 1997 he filed a grievance in which he argued he had been denied overtime pay for the past 15 years after having relied on the word of supervisors who told him that, as part of management, he was not entitled to overtime. He discovered the falseness of that assertion in 1997 when he saw, for the first time, a copy of the collective agreement between his union and the government.

Schenkman was an immigrant to Canada from Romania and his language deficiency and cultural background was such, his attorney argued, that he did not entertain the possibility that he had been misled on the overtime issue by colleagues.