Employment Law Practice
- Wrongful Dismissal in Ontario
- Constructive Dismissal in Ontario
- Reasonable Notice
- Severance Packages
- Cause for Dismissal
- Employment Contracts
- Independent Contractor vs. Employee
- Human Rights and Discrimination
- Sexual Harassment
- Statutory Complaints
- Non-Solicitation Agreements
- Non- Competition Agreements
- Damages for Bad Faith, Mental Distress and Personal Injury
- Personal Harassment or Bullying
- Employment Insurance Benefits
- Workplace Investigations
- Workers’ Compensation Claims
- Privacy Issues and the Workplace
- Unionized Employees and Duty of Fair Representation Complaints
- Conspiracy Claims in Employment Law
- Class Action / Mass Terminations
Unionized employees are represented by a trade union and are generally unable to sue their employers in court. Instead, unionized employees must follow the guidelines set out in the Collective Agreement, which is a written agreement addressing the employment relationship between the employer, union, and employees.
According to the Ontario Labour Relations Act, unions have a legal duty to fairly represent their employees. Unions must ensure that the interests of all employees are served in a manner that is not arbitrary, discriminatory or in bad faith.
Union and Filing a Grievance
If the union has failed to properly investigate, process, or arbitrate a grievance, an employee may file a Duty of Fair Representation complaint with the Labour Relations Board where a Board Tribunal has the authority to order a number of remedies.
If you are a unionized employee and believe that your right to fair representation has been violated, you should meet with a Labour Law lawyer who can review your case against the union and assist you in the preparation and filing of your complaint.
Read our employment law articles about Unionized Employees and Duty of Fair Representation Complaints for more information.