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Phrase of the Week | Active Employment

Active Employment


College Employer Council and OPSEU (Implementation Issues), Re (2018) | 2018 CarswellOnt 10350 | Ontario Arbitration


[E]mployee status is one thing, but active employment is quite another ... . Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one – such as a person on PD leave. Active employment must be given its normal meaning: actual attendance at work to perform the duties of an employee.

If the intent [of the protocol] was to cover everyone with employee status, or to be a signing bonus, the [arbitration] award could have, and would have, said so. Significantly, it did not.
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