labour relations issues in canada

In some circumstances, employers who do not comply with their obligations in relation to mass termination may also receive fines. Any working notice or pay in lieu of notice provided to employees will only be valid once the appropriate government official has received a valid notice of mass termination. In addition to economic changes, there has been significant change in the labour force. A restrictive covenant of shorter duration is therefore more likely to be enforced. Employment contracts do not have to be in writing to be valid, and they can take the form of an offer letter, a formal contract or even a verbal agreement. Exclusions from the bargaining unit are also provided in certain jurisdictions for non-managerial employees who have access to confidential information relating to labour matters. In some jurisdictions, joint employer-employee health and safety committees are required for larger workplaces. Finally, as share purchases do not trigger a modification in the employment status of employees, unionised or not, the terms and conditions relating to employees’ employment remain the same. 3.2        What types of discrimination are unlawful and in what circumstances? Although there is no freestanding right to work flexibly to care for dependants, a number of jurisdictions provide for various leaves for family obligations or to provide care to a gravely ill dependant or family member. Employment Insurance (EI) is a federal initiative established and governed by the Employment Insurance Act. Minimum notice periods for termination are set out in each jurisdiction’s employment standards legislation. Last week the Ontario Labour Relations Board (OLRB) ruled that the ballot box should be opened and the ballots counted. Workers’ compensation programs provide benefits for workers suffering from job-related injuries and diseases. Canada. Although employment laws rarely address whistleblowing, Canadian employees are protected against retaliation by their employer in cases of whistleblowing by the Canadian Criminal Code, which applies to all jurisdictions and states that employers may not take disciplinary action, demote or terminate an employee in order to deter them from reporting information relating to corporate malpractice or any offence committed by their employer. Some jurisdictions also prohibit discrimination based on gender identity and/or expression, or on criminal convictions pardoned or unrelated to employment. If the trade union has support from between 35% and 40% (depending on the jurisdiction) of the employees of that bargaining unit, a representation vote may be held to determine if the union can be certified. Employment relationships in Canada are generally governed by employment contracts, subject to labour and employment legislation, as well as the common law, or, in Québec, the Civil Code. In recent years, one of the most defining elements of the Canadian identity has been the country’s social policies — the collection of laws and regulations that govern how Canadians live their lives, and what sorts of individual rights the government is willing to protect and defend. The QPIP replaces benefits that Québec residents previously received under the Employment Insurance Act. 2.7        Are employees entitled to representation at board level? Except for dispositions of collective agreements that may require employers to notify a trade union in advance of a sale, employees have no information and consultation rights on a business sale. Each Canadian province or territory sets the minimum employment standards applicable to all employees within their jurisdiction. All that has changed is who owns the shares. These lawful reasons can relate to the employee individually, or to legitimate business reasons. 9.4        Is it possible to appeal against a first instance decision and if so how long do such appeals usually take? It should be noted that, in some jurisdictions, employees are also entitled to a certificate or attestation of employment following their termination. During the 1960s and 1970s Canada's labour force grew more rapidly than that of any other industrial country and was accompanied by and dependent upon an unusually high rate of capital investment, particularly by American corporations. As an experienced Canadian Labour Relations consultant I can provide your organization with guidance and training in handling labour relations issues such as: Compliance with the Canadian labour and employment laws; Collective bargaining; Grievance arbitration and Labour arbitration; Mediation Typically, an employment-related complaint must be commenced by the official filing of a complaint by the employee with an administrative board or tribunal, or by the filing of a claim in front of the courts. Finally, it should be noted that the protection conferred upon employees who raise concern about corporate malpractice or become whistleblowers will generally only be applicable if those employees used the proper channels to voice their concerns, instead of traditional medias or social media platforms. ‘Enough is enough’: labour activists fed up with NS government Labour relations in Nova Scotia are at an all-time low according to the Federation of Labour. 1.2        What types of worker are protected by employment law? Each jurisdiction also operates several administrative tribunals that can receive and hear specific employment-related complaints, sometimes with the exception of the courts, such as human rights tribunals and commissions, labour relations boards, and employment standards offices and boards. That was beyond our expectations in terms of expected visibility and fast results related to our business.Alexander Uros Kosenina - Rojs, Peljhan, Prelesnik & partners, © 2002-2021 Copyright: ICLG.com | Our Privacy, Register with us FREE 3.8        Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? Upon their return from leave, employees on maternity leave are entitled to come back to their pre-leave position or, when not possible, to a comparable one. Practice Areas > Canadian employees are protected against discrimination by way of human rights legislation, which is separate from employment standards legislation, and varies between jurisdictions. Alexandre Buswell An overall comparison between Canadian and US laws governing labour and employment also shows a considerable degree of similarity. Similarly, employment following an asset purchase is continued on the same terms and conditions for unionised employees. What are the remedies for a successful claim? One major difference between the two countries, however, is that there is no “employment at will” doctrine in Canada. Research from a Poverty and Employment Precarity in Southern Ontario (PEPSO) project, which demonstrated the limitations of existing studies like Statistics Canada’s Labour … Generally, if an employer prefers that an employee not work during the notice period, the employer will simply pay compensation in lieu of notice. Safety and health issues can lead to labour relations strife, producing work stoppages. Some jurisdictions, such as federal and Ontario, also have a minimum statutory severance pay 4.1        How long does maternity leave last? If so, what are the main rights and responsibilities of such bodies? Employers can control an employee’s use of social media in the workplace through workplace policies. The Federal Labor Law governs labor relations in Mexico in that it spells out specific rules and regulations concerning terms of employment, functions of labor courts and roles of labor unions. However, an employee will have to pay the applicable court filing fees when initiating a proceeding in the civil courts. 4.2        What rights, including rights to pay and benefits, does a woman have during maternity leave? These legislated regimes provide a public “no fault” compensation system, whereby injured workers receive benefits from the program but cannot take legal action against the employer. Requirements and rules relating to sexual harassment are usually comprised in general policies pertaining to psychological harassment and/or workplace violence, and depend on each jurisdiction’s employment standards legislation. These employees account for approximately six per cent of all Canadian workers. 5.5        Are employers free to change terms and conditions of employment in connection with a business sale? In certain circumstances, employees can be disciplined in relation to their unlawful use of social media. The process surrounding employment-related claims or complaints in most administrative boards or tribunals is usually free of charge for the employee. Striking or picketing can only occur after the expiry of a collective agreement where certain conditions are met. If not, do employees have to be provided with specific information in writing? Industry Experience Experienced labour relations professional with extensive knowledge in the law enforcement sector. While parties to an employment agreement are entitled to contract out of the common/civil law notice period, they may only do so as long as the contract provides for at least the statutory minimum entitlements and is otherwise reasonable, valid and enforceable. In most jurisdictions, non-competition clauses are deemed prima facie unenforceable as they often result in a restraint of trade and may interfere with an employee’s right to earn a living. There are some limitations on an employee’s ability to obtain copies of personal information, such as where this information is subject to legal privilege. Labour and Employment law is a multi-faceted practice that pertains to all aspects of labour relations, human resources, and the employment relationship. Canadian employers are not required to set up work councils. The Professional LLM in Labour Relations and Employment Law gives students the opportunity to gain a deeper understanding of the theory, policies and principles that underlie labour and employment law. 2.2        What rights do trade unions have? As a result, female employees and, in some jurisdictions, employees in “female job classes” will have a right to be remunerated at the same level as the male employees or, as the case may be, employees in “male job classes” where the work performed is of similar, substantially similar or of equalvalue. In some jurisdictions, employers also have to put in place a policy or code of conduct including protection for whistleblowers and in others, a recourse exists for employees who believe they have been disciplined, demoted or terminated because of whistleblowing which allows them to seek reinstatement. Generally, sufficient consideration must be given to an employee in exchange for a restrictive covenant, although that consideration does not necessarily have to be financial. Employment Termination Most Canadian provinces, including Ontario, Alberta, Québec, British Columbia and Saskatchewan, have adopted legislation requiring public sector employers and, in some cases, private sector employers to provide equal pay for work of equal value. 3.7        Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection? The offer of employment is often based on the same or substantially similar terms, and the employees who accept the offer will carry over their accumulated service and seniority. However, non-solicitation clauses must remain reasonable in scope and duration to be enforceable, and will rarely be enforced for a period of over two years. By continuing to use this website you are agreeing to our use of cookies as described in our. Journal of Industrial Relations, 50 (4), 545-559. Liability for termination obligations relating to such terminations usually rests with the vendor, although some sale agreements provide otherwise. Typically, proceedings before administrative boards or tribunals may be finalised within 12 to 18 months, while court proceedings generally take up to a few years. In most jurisdictions, a mass termination will occur where 50 or more employees are terminated within a four-week period. Employee Relations Manager, Labour Relations Manager, Human Resources Coordinator and more on Indeed.com For 2017, maximum insurable earnings are $53,100. Finally, human rights legislation is also implicitly included into collective agreements. Undue hardship is a very high threshold to reach and is determined having regard to factors such as costs, operational requirements and health and safety concerns, amongst others. 2.5        In what circumstances will a works council have co-determination rights, so that an employer is unable to proceed until it has obtained works council agreement to proposals? 5.4        Can employees be dismissed in connection with a business sale? Some employers also elect to top these amounts up to match the employees’ regular wage, although this is not required. However, fathers are also entitled to parental leave in all jurisdictions. Employers cannot adopt rules, policies, or practices relating to any aspect of the employment relationship that are directly or indirectly discriminatory based on one or more protected grounds. • 1961 – The New Democratic Party is founded as the successor to the Co-operative Commonwealth Federation and establishes a formal relationship with the organized labour movement. not related to a prohibited ground or as retaliation), except in circumstances where they have to prove just cause. Canada’s system of collective bargaining is embodied in federal and provincial labour relations acts and labour codes. However, the right to terminate the contract of employment in the absence of just cause by providing the appropriate notice of termination of payment in lieu is limited in certain jurisdictions (Québec, Nova Scotia and federal). 6.4        Are there any categories of employees who enjoy special protection against dismissal? Collective agreements in force at the time of the sale therefore continue to govern all terms and conditions of employment, and bind the purchaser to the corresponding union. The procedures which an employer has to follow in relation to an employee’s dismissal depend on the contracts of employment and/or policies which govern the employment relationship. This website uses cookies. Mothers as well as adoptive parents are also entitled to this leave, which is in addition to the maternity leave entitlement. Labour and Employment law is a multi-faceted practice that pertains to all aspects of labour relations, human resources, and the employment relationship. This entitlement depends, amongst other things, on an employee’s position, age and length of service, and notice of up to 24 months may be awarded. Courts will only enforce a non-competition clause if it: protects a legitimate proprietary interest of the employer; constitutes a reasonable restraint having regard to factors such as duration, geographic scope, and activities prohibited; is expressed in clear and certain terms; and is reasonable in terms of the public interest. Non-union employees outside of the federal sector, Nova Scotia and Québec do not have a right to reinstatement in their employment even if their dismissal was wrongful or without cause. Again, as employment contracts in Québec are transferred to the purchaser in the context of an asset transfer, their terms and conditions will follow and continue to apply with the purchaser. In federal jurisdictions, the Federal Mediation and Conciliation Service handles conciliation, preventive mediation and arbitration matters. However, it can take place at the industry level (such as in the construction industry) in some jurisdictions. Direct and indirect discrimination are prohibited under human rights legislation. The rules governing a trade union’s right to take industrial action are set out in the respective jurisdiction’s labour laws. In the event of dispute, courts may be called upon to determine how much notice an employee is entitled to receive. Any monitoring of employees’ personal information must also be conducted through the least intrusive means possible, and only for reasonable and legitimate business purposes in order to be valid. As the legal identity of the employer is not modified by a share purchase, such a business sale does not trigger a change to the employment status, and any employment relationship with the vendor automatically continues with the purchaser. Unions represent approximately 30% of the Canadian workforce. Are employees entitled to compensation on dismissal and if so how is compensation calculated? 7.3        Do employees have to be provided with financial compensation in return for covenants? Canadian human rights legislation provides the same protections to employees regardless of the terms of their contracts. How are different types of worker distinguished? In addition, pre-employment checks such as criminal records checks, credit checks and driver’s licence checks may reveal information about protected grounds of discrimination, such as previous convictions unrelated to the position in Québec. When the shares of a company are purchased, the legal personality of the corporation does not change. 6.8        Can employers settle claims before or after they are initiated? 1.3        Do contracts of employment have to be in writing? Typically, if an employee’s personal information is to be transferred to another country, the concerned employee must be notified, and their employer must take reasonable steps to ensure that it will not be used for purposes other than why they are being transferred. entitlement that varies depending on the seniority of the employee. Harmonious labour-management relations are beneficial to both the economic security of individuals and the economic prosperity of Canada. Some jurisdictions have adopted privacy legislation that applies to employment relationships. Register with us FREE, Alexander Uros Kosenina - Rojs, Peljhan, Prelesnik & partners, and unlock access to three FREE PDF downloads per month. Both the federal and provincial governments provide mediation and conciliation services, which can be mandatory before employees may strike or employers may lock out employees in furtherance of their bargaining aims. All jurisdictions in Canada (federal, provincial and territorial) have passed human rights legislation prohibiting discrimination in the employment relationship based on grounds that usually include race, sex, age, religion, colour, disability, marital or family status, ancestry or place of origin and sexual orientation. Generally, employees can enforce their discrimination rights by filing a human rights complaint through their local human rights tribunal or commission. The province of Québec differs in this respect in that it has no system of common law. Gender identity is increasingly becoming protected against discrimination as well. covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions, ICLG.com > Competitive issues have become very crucial, affecting labour-management relations through corporate downsizing, for example. Already registered? Moral and, more rarely, punitive damages may also be awarded for injury to an employee’s dignity, feelings and self-respect due to the employer’s actions. Non-competition and non-solicitation clauses (prohibiting the solicitation of both co-workers and clients) are the main forms of restrictive covenants recognised in Canada. Issues a Labour Relations Consultant Can Help With. Employees are entitled to various benefits such as overtime pay, public holiday pay, vacation entitlements and protected leaves of absence. Can employers settle claims before or after they are initiated? 5.2        What employee rights transfer on a business sale? The course is intended to explore specific aspects of labour relations in depth. These minimum statutory employment standards include: Employment standards legislation prescribes a minimum standard that employees cannot waive by contract. 8.4        Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system? Does bargaining usually take place at company or industry level? Most employment-related first instance decisions are appealable or can be challenged by way of judicial review or reconsideration. Slightly less than one third of all Canadian employees are members of unions. Employees also have the right to know the reasons for their dismissal where they are being dismissed for just cause. Specifically, it looks at contemporary issues in labour relations and examines union organization and structure, labour legislation, and how collective agreements are negotiated and administered. As stated in question 6.1, employees who are dismissed on a “without cause” basis are entitled to reasonable notice of termination or pay in lieu, if the employer does not wish for the employee to complete his working notice period. While reconsideration or internal appeals of administrative decisions can occur relatively quickly and within a few months, appeals and judicial review processes may take significantly longer. Employees in Québec have access to another unique leave for birth or adoption, which includes up to five days of partially paid leave to be taken in the first 15 days after an employee’s child is born or adopted, or after the termination of a pregnancy that has reached at least the 20th week of pregnancy. Employers must also attempt to accommodate employees to the point of undue hardship. In any event, employees should be given an opportunity to provide the employer with their version of events before being disciplined or dismissed. iv / Labour Relations Laws in Canada and the United States 2014 fraserinstitute.org Alberta, which received a score of 5.3, falls into a third category as it scored well ahead of other Canadian jurisdictions though it fell short of com-peting with US states. 3.6        What remedies are available to employees in successful discrimination claims? Situations in which those minimums do not apply are limited to specific circumstances such as wilful misconduct or serious reason, or in the case of fixed-term contracts. In certain jurisdictions, employers have a formal obligation to put written policies in place and provide mandatory training to their employees with regards to workplace violence and harassment, including examples of prohibited behaviour, as well as the steps to be taken for the filing of complaints (including for harassment of a sexual nature) and the process that must take place following the filing of any such complaint. In such a case, the employment relationship of non-union employees is deemed to be severed by the purchase, and there is no obligation on the purchaser to offer these employees employment. Regardless of the reason, termination of employment must be made in compliance with any applicable employment standards legislation, contract of employment or collective agreement. In general, the system seeks to minimize disruption by certifying trade unions as the bargaining agents for specific groups of workers, often all or part of the non-managerial employees in a company. Such preconditions include the attempt by the parties, in good faith, at collective bargaining, a support of the industrial action contemplated by a majority of the bargaining unit members, and the provision of advance notice of strike or picketing to the employer. Some employment standards legislation also requires employers to develop written policies, such as with respect to workplace violence and harassment, for instance. Alberta scores lower than US jurisdictions because of ■     the policy or standard was reasonably necessary to accomplish that work-related purpose. In addition, in all provinces, employment standards or human rights legislation prohibits discrimination based on gender for similar or substantially similar work. Typically, this amount is significantly higher than in the context of an individual dismissal. Private and public sector labour relations issues may be explored. In some jurisdictions, for first collective agreements, there is a system of binding arbitration available to resolve disputes in a cost-effective and timely manner. As such, employees have an implied and legal duty of loyalty toward their employers, as well as a duty of good faith. How does a business sale affect collective agreements? 2.4        Are employers required to set up works councils? 8.1        How do employee data protection rights affect the employment relationship? Employers can and are often encouraged to settle claims at any point during the complaint process, both before and after a formal claim is filed or initiated. This exclusive representation right applies to all of the employees covered by that bargaining unit, regardless of their support for the union. Similarly, in some jurisdictions, questions relating to a prohibited ground of discrimination can be lawfully asked to employees in the context of a program aimed at preventing social inequalities or disadvantages. Canada. An employer may also seek an interim injunction from a court if it is suffering potentially irreparable harm due to the employee’s breach of the restrictive covenant. Hebdon R., Stern, Robert (2003). Each Canadian jurisdiction has employment standards legislation setting minimum standards regarding matters such as minimum wage, hours or work, overtime pay, holiday pay, vacation and other leaves of absences (pregnancy, parental, sick leave, etc.). This is the case for the federal sector, as well as British Columbia, Alberta and Québec. Strikes and lock-outs during the term of a collective agreement are normally prohibited in all jurisdictions. 6.7        What claims can an employee bring if he or she is dismissed? 7.2        When are restrictive covenants enforceable and for what period? Maternity or pregnancy leave entitlements vary between jurisdictions, with pregnant employees being generally entitled to up to 16 to 18 weeks of unpaid leave. 8.5        Can an employer control an employee’s use of social media in or outside the workplace? Numerous obligations are placed on both employers and employees to create and maintain a safe environment to work in. Private sector employees are covered by the Canada Labour Code and the Canada Industrial Relations Board (CIRB). However, where there is a collective agreement or where the employment relationship is subject to privacy legislation, such monitoring is not usually allowed, except where the employer can establish that the employee has no or a limited expectation of privacy in relation to the information being monitored. Labour relations have also been affected by the structure of the Canadian economy. The maximum number of hours worked in a day and week, Notice and severance entitlements in the event of termination of the employment relationship. If so, on what grounds is discrimination prohibited? In many jurisdictions, employment standards legislation requires that employees on maternity leave continue receiving their benefit coverage for the duration of that leave, subject to their continued payment of associated premiums. For termination without cause, employers in all jurisdictions are required to provide advance notice of termination or layoff, or to offer compensation in lieu of notice. Labour Relations jobs now available. In Québec, a mass termination occurs when 10 employees or more are terminated within a two-month period. Unions are generally prohibited from engaging in strikes or picketing while a collective agreement is still valid. This is not applicable in Canada. 6.2        Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work? Please refer to question 2.4. In return, the union is obliged to represent all employees fairly. Some jurisdictions also require employers to maintain the seniority of an employee who is on maternity leave throughout this leave. Pre-employment checks are not illegal but are restricted in a number of jurisdictions. The content of this website may contain attorney advertising under the laws of various states. Employers have additional obligations when they dismiss a number of employees at the same time and therefore trigger a “mass termination”. According to Canada’s Constitution Act, labour and employment is most often a matter of provincial jurisdiction, and each province has its own employment standards and legislation. A non-union employee can bring a complaint under employment standards legislation or file an action in court if they believe that their rights and entitlements relating to their dismissal have not been complied with. 3.5        How do employees enforce their discrimination rights? This includes a redundancy or reorganization scenario. 5.1        On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? Employment terminations cannot be directly or indirectly based on a prohibited ground of discrimination and cannot be used as reprisal following the exercise, by an employee, of a legal right under employment standards legislation, or any other employment-related legislation such as labour or occupational health and safety legislation (see section 3 and question 6.3). Cause for termination can include incompetence, insubordination, conflict of interest, theft or material dishonesty, and other judicially recognized misconduct that warrants discharge. Human rights claims can be settled as soon as an employer is made aware that such a claim is to be filed, or later during the process once it has been initiated. Work-family issues have become more and more important with the accelerated workforce participation of married women. Are not required rights that employers have additional obligations if it is set out in each jurisdiction s... 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