grievance
February 21, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations
I often receive requests for consultations from unionized workers dissatisfied with their employer, their union or both. Frequently, this dissatisfaction arises out of the worker having a grievance with the company, but he or she feels that they are not receiving proper representation from their union. Before going ahead and hiring a lawyer outside of their union for advocacy, there are 3 challenges that people in this position should know.
Canada labour Code, employment law, grievance, Labour Relations Code, union, union members, unionized workers
August 27, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Privacy and Security, Union Relations
Three popular articles this week on HRinfodesk deal with BYOD guidelines; off duty conduct and conflict of interest; and CHRP enhancements and CCHRA mandate.
Bring your own device program guidelines, BYOD guidelines, BYOD in the workplace, Canadian Council of Human Resources Associations, Certified Human Resources Professional, CHRP enhancements and CCHRA mandate, Conflict of interest due to off-duty conduct, employee’s termination for off-duty conduct, employment law, grievance, human resources profession in Canada, Labour Law, risks of privacy breaches
July 31, 2015 Christina Catenacci HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations
A recent Ontario Grievance Settlement Board case highlights the point that, even where employees are long-term and have a clean service record, they can still be subject to serious discipline if the circumstances are right.
call centre, clean disciplinary record, clean discipline record, dicipline, Disciplinary measures, employment law, grievance, inappropriate call handling, Labour Law, lengthy suspension, long-term employees, misconduct, Ontario Grievance Settlement Board, progressive discipline, suspension, termination, union
March 12, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations
Three popular articles this week on HRinfodesk deal with the importance of carefully crafting employment agreement; an employer’s offensive, distasteful and inappropriate’ motivational presentation; and, OHS worker fatality.
discrimination, employment agreement, employment contract, employment law, fixed-term contract, grievance, harassment, Jail sentence, occupational health and safety, Workplace accident, workplace fatality, workplace injury
March 12, 2015 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Union Relations
In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.
arbitration, collective agreement, Collective Bargaining, grievance, Labour Law, Letter of Understanding, management, obey now grieve later rule, union, work now grieve later obligation
February 20, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Training and Development, Union Relations, Wages and Compensation
In OPSEU (Brydges et al) and the Ministry of Transportation GSB 2012-1012, Arbitrator Dissanayake dismissed a grievance by a number of Ministry of Transportation employees. The employees alleged that an employer presentation asking them to be happy/content with their wages and benefits and comparing them to poor and starving people in developing countries was both discriminatory under the Ontario Human Rights Code and constituted anti-union discrimination which violated the collective agreement (particularly because of upcoming collective bargaining).
anti-union discrimination, arbitration, bargaining unit, collective agreement, discrimination, grievance, human rights code, Labour Law, membership in the union, Ministry of Transportation, PowerPoint presentation, terms and conditions of employment, union activity, union discrimination, wages and benefits
January 30, 2015 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Privacy and Security, Union Relations, Wages and Compensation
An interesting case (Edmonton Police Service v Edmonton Police Association), sends a strong message to employers that it is important to respect employees’ privacy interests.
Alberta, Award, Breach of privacy, breach of the employee’s right to privacy, duty to accommodate, Edmonton Police Service, employee assistance program, Employee health and emotional condition, employment law, grievance, investigator, medical condition, mental distress, personal medical information
July 15, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations
Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.
Canadian Union of Skilled Workers v. Hydro One Inc., construction industry grievance, disciplinary record, discipline, dismissal for cause, employee’s use of profanity, employment law, grievance, Labour Law, management, medical leave from the workplace, Ontario Labour Relations Board, parental leave, profane language, proper disciplinary penalty, reinstatement, suspension, termination, termination for cause, terminations, threats against their managers or coworkers, union
July 14, 2014 Occasional Contributors Employee Relations, Human Resources, Union Relations
On June 27th, the Supreme Court of Canada released a decision in the Wal-Mart saga that will have a major impact on employment law in Quebec.
business as usual decision, employment law, employment law in Quebec, filing of a petition for certification, grievance, Labour Law, modification of the employees' working conditions, Quebec, Quebec Labour Code, Supreme Court of Canada, termination of employment, union, unionization, United Food and Commercial Workers Local 503, Wal-Mart saga, Wal-Mart store in Jonquière, working conditions
June 26, 2014 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
An Ontario labour arbitrator upheld an employee’s termination for just cause after the employer learned that the employee faked the severity of her injury and ability to perform work for over five years. The arbitrator found that the employer was justified in terminating the employee for just cause because the actions of the employee went to the heart of the employment relationship.
ability to perform work, accommodation, accommodation needs, accommodation process, Disability, disciplinary record, duty to accommodate, Employee dishonesty, Employee who lied about ability to work, employment law, employment relationship, grievance, human rights code, Labour Law, termination, termination for just cause, union
November 14, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with expanding their disability management programs; a zero tolerance approach to a grievance arising from a case of sexual harassment and assault; and the Canada Pension Plan 2014 contribution rates,
Absenteeism, Canada Pension Plan 2014, canadian employment law, Canadian Payroll, cpp, Disability, disability management, employment law, grievance, legal and financial challenges, managing absenteeism, productivity, sexual harassment, sexual harassment in the workplace, zero tolerance approach
June 26, 2013 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
Drug and alcohol testing in the workplace, particularly randomized testing, has always been a grey area for employers. When is such testing permissible? When is it deemed reasonable in light of safety concerns? The Supreme Court of Canada has answered some of these questions after their long-awaited decision regarding randomized drug and alcohol testing in the case of Irving Pulp and Paper.
alcohol testing, anna aceto-guerin, arbitration, breathalyser, canadian employment law, clear path employer services, dangerous workplace environment, disciplinary consequences, Dismissal, drug and alcohol policy, drug and alcohol testing, drug testing, employment law, grievance, grounds for dismissal, irving pulp and paper, Labour Law, New Brunswick, occupational health and safety, OHSA, policies and procedures, problem with alcohol use in the workplace, randomized alcohol testing, safety sensitive positions, Supreme Court of Canada, workplace drug and alcohol testing
May 7, 2013 Amery Boyer Employee Relations, Human Resources, Union Relations
On Sunday, April 28, 2013, there was a demonstration outside the Just Us Coffee’s office in Grand Pré to support two former employees of an outlet in Halifax, Nova Scotia, who claim that the fair trade company fired them for attempting to organize their co-workers.
attempting to organize employees, Balancing fair trade, Business, Canadian Union of Public Employees, employment relationship, grievance, HR issues, Just Us Coffee Co-op, Labour Law, Labour Relations Board, Mediation, Service Employees International Union, termination, unionization, worker rights, workers wanted to form a union
March 19, 2013 Simon Heath, BA, MIR, LLB, Heath Law Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
The Ontario Labour Relations Board has recently found a Company to be in breach of Ontario’s Occupational Health and Safety Act for failing to comply with its duties under the workplace violence and harassment provisions of the Occupational Health and Safety Act (section 32) (formerly Bill 168).
appropriate policies, appropriate training to managers and employees, Bill 168, breached the OHSA, Conduct risk assessments, employer liable, employment law, grievance, internal complaint, investigation procedure, occupational health and safety act, Ontario Labour Relations Board, physically assaulted, policies and procedures, prevent workplace violence and harassment, threatened physical violence and death, union, violence and harassment policies, Violence and Harassment Programs, workplace policies, workplace violence and harassment provisions
November 22, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Union Relations
On November 8, 2012, Ritu Mahil, Vice-Chair of the British Columbia Labour Relations Board decided that there was not a continuity between Zellers’ business at the Brentwood Mall in Burnaby, B.C. for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application under Section 35 of the Labour Relations Code (“Code”) for a declaration that Target is a successor employer to Zellers with respect to the business carried on by Zellers at the Brentwood Mall in Burnaby, B.C.was dismissed.
bargaining unit, Business, Business continuity, collective agreement, Collective Bargaining, continuity of business, employment law, grievance, Labour Law, Labour Relations Board, Labour Relations Code, Mergers and acquisitions, purchasing employer, selling employer, successor employer, Target, transfer of all or part of a business, union, Unions, Zellers
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
