Unionised employment has become a cornerstone for many industries in Toronto. It is a broader term that provides a pace for a collective voice and a structured framework for negotiating wages, benefits, and other work-related matters. However, navigating legal challenges in unionised employment laws can be challenging for employers and employees. Therefore, seeking valuable assistance from a Toronto labour lawyer can be a pivotal option for a smooth transition.
If you are facing common challenges at your workplace and want to understand your rights and obligations as an employee while on duty, you must get assistance from a skilled and experienced Toronto labour lawyer.
Understand Labour Law in Toronto
Labour law is usually taken as employment law in industries. However, both are not the same and differ to a large extent. Where labour law deals with the rights and obligations of employees and employers, trade unions and their regulations, and employment law deals more with non-unionised workplaces.
Unionised employment refers to a workplace where employees work according to the union trade regulations. The unions act as intermediaries between employers and employees and negotiate collective employment rights and obligations agreements. These agreements address various issues, such as employment wages, working hours, benefits, and workplace dispute redressal procedures.
Legal rights and obligations of unionised employees in Toronto
Ununionised employees in Toronto have distinct rights and obligations that differ from those in non-unionised workplaces. These rights are primarily outlined in the collective bargaining agreement, a legally binding contract negotiated between the union and the employer.
- One of the most concerning key rights of unions is to provide fair representation to unionised employees. This means the union must behave in favour of its employees when negotiating collective agreements and handling variances.
- If they fail to provide fair justice to their grievances, employees have the proper right to file a complaint, and a Toronto labour lawyer can guide them based on their grounds.
- Unionised employees can also actively participate in the union election and choose their representatives. They can also participate in union activities, including voting on collective agreements, regarding fair representation.
- On the other hand, unionised employees have some obligations as well. They must adhere to the collective agreements, including the agreed-upon wages, benefits and working hours.
- Additionally, unionised employees are mandated to pay union dues. This amount funds the union’s activities and operations.
Challenges in Unionised Employment and Legal Remedies
Uninoised employment regulations are made with no immune to challenges. They can offend some employees in terms of injustice and other unfair practices. Here are some of the common issues that can arise include:
Workplace Grievances
Some disputes over agreement interpretation, workplace safety, and discipline can arise in unionised settings. The grievances process is designed to resolve the case, but it can take some extra time and proceed slowly. A Toronto labour lawyer can accelerate the process and uphold the employee’s rights adequately.
Contract Violations
Employers may violate the terms of collective contracts knowingly or unknowingly. This occasional breach of contract or violation includes improper wage payments, unknown and unauthorised changes in working patterns or failure to provide agreed-upon employee benefits. A labour lawyer can help employees seek enforcement of the agreement and secure compensation for any losses incurred.
Union-Employer Conflicts
While unions are meant to protect the rights and interests of both parties, sometimes a conflict may arise due to unethical behaviour. Suppose a union agrees on some term in a collective agreement which an individual employee finds unfavorable. In such situations, a labour lawyer can advise the union to alter the terms in favour of all employees.
Retaliation and Discrimination
Unionised employees are protected from retaliation or discrimination based on union activities. However, instances of subtle or overt retaliation can still occur. A Toronto labour lawyer can help employees identify and take legal steps to address such actions.
How a Lawyer Can Support Unionised Employees
While unions play a critical role in representing their members’ collective interests, individual employees may need additional legal support. A Toronto labour lawyer can provide this support in several ways:
Legal Advice on Workplace Issues
Unionised employees may face various workplace issues, from harassment and discrimination to wrongful termination. A Toronto labour lawyer can provide legal advice and representation in these cases, helping employees navigate the legal complexities and seek appropriate remedies.
Unfair Representation Claims
Employees may have grounds to file an unfair representation claim if their union has not adequately represented them. A Toronto labour lawyer can assess the situation, provide legal advice, and represent the employee in proceedings before the Ontario Labour Relations Board.
Employment Contract Review
In some cases, unionised employees may also have individual employment contracts in addition to the collective agreement. A labour lawyer can review these contracts to ensure that they do not conflict with the collective agreement and that the employee’s rights are protected.
Conclusion
When such unfair practices happen in the workplace, the employer or the union must provide legal assistance and protect employees from harmful activities. While Toronto has properly framed legal laws regarding unionised employment at the workplace, malpractice may happen. Therefore, assisting a skilled labour lawyer can swiftly take the issue.
