Duhaime's Law Dictionary


Backfilling Definition:

A term of employment law; where an employee is assigned to a new job and his/her position filled by another employee.

In St. John, the Canadian Human Rights Tribunal used these words:

"Canada Post's ability to loan employees from one part of the plant to another is subject to a general prohibition against backfilling.

"Backfilling occurs when an employee is moved out of his or her assigned duties and is replaced by another employee. For example, if employee A, who has been assigned to sort letter mail, is moved to another section to operate a coding machine, and employee B is assigned to employee A's sortation duties, then backfilling has occurred.

"Loaning or reassigning employees ... is different from backfilling in that another worker is not assigned to do the work that was being done by the reassigned employee. Indeed, there is no reason to do so because employees are only loaned to other sections when there is no work to be done in their own section, that is, the service requirements in that section have been met."

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