In unionized workplaces, the common law of wrongful dismissal does not apply. Rather, a collective bargaining agent is selected to bargain all the terms and conditions of employment on the employees’ behalf vis-à-vis the employer.
These terms and conditions are then set out in the collective agreement, which is formed between the management and the union. The collective agreement will contain provisions for the resolution of disputes through the grievance and arbitration process, which is mandated by the applicable labour relations legislation.
Where there is a dispute, such as an alleged violation of the collective agreement, it is initially resolved by way of the grievance process or may be withdrawn through the stages of the grievance. However, if no resolution is reached, then the dispute may be determined usually through a process called arbitration.
At times, either party is free to apply to the Labour Relations Board within the applicable jurisdiction to deal with various labour relations concerns that are not referable to arbitration.
How can Zeilikman Law help?
Our experienced lawyers can help navigate the grievance process through arbitrations.. We understand the needs and complexities associated with unionized workplaces, including the high expenses connected with the arbitration process. We will provide guidance on cost-saving strategies to simplify the grievance process while protecting your interests.
Our experienced labour lawyers will advise you on both long and short-term goals. We can provide legal advice on all labour related issues, including but not limited to, disputes regarding discipline and discharge, seniority disputes, human rights and accommodation, management and union rights, benefit entitlement, etc.