Nisbett
v. Sir Sandford College (Simmons)
CAAT (S)
Award dated 3 May, 2000
Job
Competition - Article 17
OPSEU #98C444
Job Competition - Relative Equality
- How To Determine - Use of Seniority - Grievance Upheld
Facts: Grievor with 22 years
seniority narrowly beaten out by person with 2 1/2 years seniority
in a job competition. The case turned on whether Article 17
requires the College to consider seniority together with
qualifications and experience in determining the successful
candidate. The College argued that seniority is considered only if
candidates are assessed to be relatively equal on their
qualifications and experience. The Union argued that the language
provides for seniority to play a dual role; first it is to be
factored into the initial assessment and secondly as a tie-breaker
if needed.
Held: Grievance upheld. The Board
agreed with the Union's interpretation of Article 17 in finding
that seniority must be considered together with qualifications and
experience in determining the successful candidate. A re-run was
ordered.
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