Unfair Labour Practices - Statutory Complaints
Unfair Labour Practices – Statutory Complaints
The Canada Labour Code is a federal statute against unfair labour practices which regulates employment standards for union and non-unionized employees who work in a federally regulated industry such as broadcasting, banking, airlines, inter-provincial trucking companies, telecommunications companies, and the postal service, among others.
The Labour Code allows employees who have worked for at least 12 consecutive months to make an unjust dismissal complaint, which is usually faster and less expensive than proceeding through the court process. The Labour Code also sets out the minimum payments that must be made to dismiss a federally regulated employee.
Ontario Employment Standards Act Complaint
Generally, each province has a statutory complaint mechanism available for claims where an employer has contravened the applicable employment standards legislation.
In Ontario, the Ministry of Labour enforces the Ontario Employment Standards Act, 2000. Employees are free to file complaints for any alleged violation of the Act, including, but not limited to:
• Failure to pay termination and severance pay;
• Reinstatement after a leave of absence;
• Overtime pay;
• Vacation pay;
• Hours of work and eating periods;
• Payment of wages;
• Reprisals; and
• Public holidays
Depending on the type of claim being made, there is a limit on how much money can be recovered through the Ministry of Labour. For example, there is a cap on termination and/or severance pay, but there is no maximum award for violations of the parental or maternity leave provisions of the legislation.
Determining where to bring a certain complaint or legal claim requires assistance. Don’t leave your case to chance – call the experienced lawyers at Whitten & Lublin Employment & Labour Lawyers at (416) 640-2667.
Human Rights Complaints
The Ontario Human Rights Code (the “Code”) and the Canadian Human Rights Act protect employees against discrimination in the workplace. Employees who have been subject to discrimination or harassment based on personal characteristics such as, race, age, illness and disability, place of origin, and religious beliefs, among other grounds, have the ability to make a statutory complaint against their employer and other individuals who may have been involved.
The Labour Relations Act and Duty of Fair Representation
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. Where a unionized employee alleges that he or she has been treated by their union in an arbitrary, discriminatory or bad faith matter, a complaint may be filed with the Ontario Labour Relations Board.
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