Worker quits after schedule change

Workers claim of fundamental change to employment rejected by adjudicator
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 03/06/2019

A New Brunswick worker who objected to scheduling changes and walked away from his job was not constructively dismissed and should have given it a chance before quitting, an adjudicator has ruled.

Jeremy Scott was an armed guard for Trans Armored Canada (TAC), a company providing armored transportation services and cash for automated teller machines (ATMs) in New Brunswick, Nova Scotia, and Newfoundland. Scott was the most senior out of four employees in New Brunswick, having joined the company in June 2010.

Scott and the other full-time employees were paid every two weeks for 80 hours total, even if they worked less. The weekly work cycle involved three days of deliveries to ATMs around New Brunswick totalling between 30 to 35 hours and, every third week, one employee on call on a rotating basis for emergencies. That same employee was expected to work at a Saturday farmer’s market in Fredericton loading and guarding ATMs. The rotating Saturday shift involved delivering and setting up the ATMs before the market opened at 6 a.m. and collecting the machines at 1 p.m. when it closed. Between those times, the guard on duty normally returned to his hotel room. If the hours worked surpassed 80 hours over the two-week period, the employees received overtime pay.