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Unionized Employees & Duty of Fair Representation Complaints Articles
Blunder procedure and pay the price
When Garry and Mark Coleman heard that fellow employee Wayne Demers was planning to file a fraudulent insurance benefit claim, they blew the whistle to their employer. Demers was immediately fired. Then, in typical union fashion, hostility brewed among Demers’ former union brethren. When that hostility escalated to fear, the Colemans resigned. Months later, with their reputations questioned and their jobs long gone, they turned to the courts instead of their union to grieve their alleged wrongs. Their decision proved fatal. ...[read more]
Mistake resignation and pay the price
Following a confrontation with another employee, Barry Upcott stormed into the human resources office at work and suddenly proclaimed that he was finished at his job. When he then handed in his keys and swiftly left the premises his employer, Savaria Concord Lifts, believed that Upcott had resigned. ...[read more]
Reinstatement isn't an option for Canadian employees
Canadian employment law provides a buffet of remedies for an aggrieved employee to pick and choose from. As Mr. and Ms. Anil and Neerja Sharma learned, however, reinstatement isn’t currently offered on the menu. Anil and Neerja Sharma were fighting for their jobs and for their reputations. The couple had found their dream jobs as sales agents for Quadrus Investment Services, a subsidiary of London Life Insurance. Unfortunately for the Sharmas, their dreams came to an abrupt end when, under the cloud of a fraud investigation, they were suspended and then fired. ...[read more]
Reinstatement isn't an option for Canadian employees
The termination of a Toronto sports icon had his fans crying foul. Rogers Centre beer vendor, Wayne McMahon, also known as the "Ice.... Cold.... Beer Guy", was fired last Tuesday by the Rogers Centre food and beverage service provider – for allegedly serving alcohol to a 22 year old mystery shopper, without asking for I.D. Despite the public support for McMahon, his former employer will not reinstate him – but it does not have to, as a judge will not order a former employee back to the workplace. The best McMahon could expect if he commenced legal proceedings, therefore, would be wrongful dismissal damages for losing his job....[read more]
Wrongful Dismissal not clear cut
Six factors to consider if you’ve recently been dismissed....[read more]