If you are part of a union in Canada, you do not actually have the right to sue your employer in court. Instead, you can file a grievance (which is a form of legal action) against your employer but you must do so using your union to represent you. Union employees can file grievances based on claims that your employer has violated your employment rights under your collective agreement. This includes claims for:
- Wage disputes;
- Cause for dismissal; and
Duty of Fair Representation Complaints
If you want to file a grievance against your employer, your union has a legal obligation to fairly represent your interest. This means that it must consider your complaint in good faith and without any form of discrimination. Unions do not always take every grievance that unionized employees want to pursue. Sometimes this is due to workplace politics or other unlawful grounds. You pay your union dues, shouldn’t your union represent you when you need it the most? If your union fails to properly represent your interests, you have the right to bring a complaint against your union, called a “Duty of Fair Representation Complaint”.
How Can Whitten & Lublin Employment & Labour Lawyers help you with your union problems?
Our team of lawyers have handled countless claims against unions for failing to properly and legally represent their membership. If your union chooses not to take your case forward, you don’t have to settle for their decision. We can use our expertise and experience to fight for you. Contact us directly at 416-640-2667 to discuss your matter confidentially.