A.G.T. Ltd. v. Graham
T-286-96
Campbell J.
17/9/98
6 pp.
Judicial review of Referee's decision respondent entitled to overtime compensation where required to work in excess of eight hours in 24-hour period-Under Canada Labour Code, s. 169(1)(a) prohibiting standard hours of work of employee from exceeding eight hours in day, 40 hours in week-S. 174 requiring payment of overtime if employee required to work in excess of standard hours of work-Exceptions set out in s. 170 and in Canada Labour Standards Regulations, s. 7(a)-S. 170 permitting employer to establish work schedule under which hours exceed standard hours of work set out in s. 169(1)(a) if average hours of work for period of two or more weeks not exceeding 40 hours per week and schedule agreed to in writing by employer, trade union-S. 7(a) providing s. 174 not applicable where established work practice requiring or permitting employee to work in excess of standard hours for purposes of changing shifts-Before Referee parties agreeing issue correct interpretation of "changing shifts" in s. 7(a)-Applicant submitting Referee's finding ss. 170, 172 not relevant patently unreasonable-Prior to commencement of judicial review, Jerome A.C.J. ruling when administrative body making decision concerning applicability of statutory provision, party should be able to seek judicial review-As Judge's task on judicial review to determine whether error in decision, only way to give effect to ruling to interpret it as requiring consideration of whether failure to determine merits of s. 170 rendering Referee's decision patently unreasonable-Regardless of position adopted by counsel before Referee, to provide fair, just outcome to all concerned in precedent setting case of broad interest, potential application of s. 170 should have been seriously considered by Referee-Failure to do so rendering decision patently unreasonable, constituting reviewable error-Referee's decision set aside-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 169(1)(a), 170 (as am. by S.C. 1993, c. 42, s. 15), 174-Canada Labour Standards Regulations, C.R.C., c. 986, s. 7(a) (as am. by SOR/91-461, s. 7).