Judge rules that a job's “qualifications” can't be set in stone

QUESTION: I see a job advertised that I'm really interested in. I think it would be really satisfying, and believe that I have the education and experience needed to do the job. I have a nursing diploma, but not a nursing degree, which is the first “qualification” listed in the ad. Should I apply anyway?

ANSWER: If you feel you have the experience and training to do the job, you should certainly apply.

A labour arbitrator ruled in 2008 that CDHA breached its collective agreement with nurses by unilaterally screening out job applicants because they don't meet all the job's listed “qualifications”. Last year, a provincial court judge ruled that the arbitrator had made a sound decision.

Now, CDHA must give serious consideration to any job applicant who can demonstrate “equivalent qualifications” for the job. The case arose after an RN applied for a Community Mental Health nursing position in 2006. The applicant had a nursing diploma, and had years of front-line experience when she applied for the new job. But CDHA simply tossed out her application because she didn't have a nursing degree, which was one of the “qualifications” listed on the job posting. The applicant didn't even get an interview.

Another nurse in the applicant's unit, who had a degree but less experience, was appointed to the position. With the NSGEU's support, the applicant grieved the fact that she wasn't even considered for the job. The CDHA fought the grievance.

In 2008, arbitrator Milton Veniot ruled that the CDHA had indeed erred when it failed to consider the applicant’s application. “[CDHA] denied the grievor the fair opportunity to have his application considered on its real merits”, Veniot wrote. “It is of the essence that practices not get in the way of the contractual right of employees to compete internally, on a fair basis, and on the merits of their applications, and to have their qualifications, including equivalent qualifications, reasonably, fairly and properly applied to the posted requirements, for both new positions and vacancies.”

The CDHA then pushed for a judicial review of Veniot's ruling. Last fall, Justice Gerald R. P. Moir upheld Veniot's decision.

So ... if you think there's a good case to be made for why you're qualified for a particular job, you should apply for it. Regardless of the job's stated qualifications, the CDHA must at least consider your application.

Canadian Federation of Nurses Unions

http://www.nursesunions.ca/
Protecting the health of patients and our public health system, promoting nurses and the nursing profession at the national level — and doing it effectively — is the job of the Canadian Federation of Nurses Unions.

Health Association Nova Scotia

http://www.healthassociation.ns.ca/
Health Association Nova Scotia is a member-driven association of organizations committed to the health and well-being of Nova Scotians.

Nursing the Future

http://www.nursingthefuture.ca/
Nursing the Future (NTF) is a federally registered non-profit organization aimed at developing and guiding the newly graduated nurse as they move from the role of nursing student into the world of professional nursing practice.