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Unionized Employees & Duty of Fair Representation Complaints

7th Oct 2012

I am over 65 years, and still working with a company I like and involved in a job I enjoy. The company recently changed their retirement policy, and those over 65 can opt to remain working, with most of the usual benefits offered by the company, but there are no income replacement benefits for those over 65. Would this not be considered a form of “ age discrimination”? more

30th Sep 2012

Employees love to complain about their jobs. They often perceive mistreatment at work as an invitation to a lawsuit or a human rights complaint. This should come as no surprise since Canadian workplace laws are notoriously employee-friendly and provincial human rights tribunals often apply these laws in the complainant’s favour. Many companies feel these specialized tribunals represent yet another reason to avoid doing business in Canada. However, not every grievance of unfairness at work leads to a successful human rights complaint. One Ontario employee just learned this lesson the hard way. more

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. more

Canadian employees are not reinstated after termination

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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. more

18th Sep 2012

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. more

Flipping through the newspaper the other day, I came across a headline that grabbed my attention – “Civil servant keeps job despite porn.” The case concerned a federal government employee who spent up to five hours at work each day surfing the Internet for pornography and trading pictures, all from his government email account. Amazingly, he kept his job. more

12th Sep 2012

Six factors to consider if you’ve recently been dismissed. more

Blunder procedure and pay the price

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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.   more