Digest of Benefit Entitlement Principles - Chapter 6
CHAPTER 6
VOLUNTARILY LEAVING EMPLOYMENT
6.3.9 Excessive Overtime Work or Refusal to Pay for Overtime Work
It is unreasonable to require a person to work an excessive amount of overtime or to not pay a person an appropriate amount for overtime work1. Such actions often violate the provisions in collective agreements or labour standards legislation.
Overtime is a growing and acceptable practice in the workplace. Simply objecting to working outside the normal schedule does not, therefore, constitute just cause for voluntarily leaving employment. Rather than quit his or her job, a person may be dismissed for refusing to work overtime; in that case, the question is whether the person was guilty of misconduct.
A person does not have just cause for leaving employment if he or she frequently has to work overtime and receives leave credits in lieu of pay.
Whether or not there is extra pay, being required to work an excessive amount of overtime may constitute just cause for a person voluntarily leaving employment unless the overtime is required in an emergency or on a short-term basis.
Payment for overtime hours, at either the normal rate or a higher rate, is often provided for in the employment contract or prescribed by law. Depending on the occupation and the level of responsibility, however, a person may not receive any additional compensation for overtime hours worked. Failure by an employer to fulfill the obligations constitutes just cause for voluntarily leaving employment only where a person first used reasonable alternatives for remedying the situation.
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Summary
Excessive Overtime Work or Refusal to Pay for Overtime Work |
Reasonable Alternatives:
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