Unfair Labour Practices
Know how to protect yourself
There are several laws in Ontario and Canada that protect you from unfair labour practices. Here is what you need to know about each law and how it protects you.
These unfair labour practices encompass workplace conduct such as unjust dismissal, unpaid wages or severance, discrimination, harassment, and failures in union representation. If you work in Ontario or in a federally regulated industry and believe your rights have been violated by an employer or union, it is important to understand the legal protections available to you. These include laws like the Canada Labour Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Canadian Human Rights Act, the Labour Relations Act, and the duty of fair representation. Knowing which law applies to your situation is crucial, as these statutes provide practical ways for employees to challenge mistreatment, enforce their workplace rights, and make informed decisions about the appropriate next steps.
What is the Canada Labour Code ?
The Canada Labour Code is a federal statute that regulates employment standards for unionized 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 Canada 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. An unfair labour practice complaint may also be filed with the appropriate labour board or tribunal under the governing law, and unresolved matters may be referred to a labour court where applicable. The Canada Labour Code also sets out the minimum wages that must be paid to dismiss a federally regulated employee, and where unfair labour practices are found, a remedy can include compensation or back-pay orders and other legal penalties.
What is the Ontario Employment Standards Act (ESA)?
In Ontario, the Ministry of Labour enforces the Ontario Employment Standards Act, 2000. You are entitled to file your grievances against your employer with the Ministry of Labour complaints department about any suspected breach 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
- 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 whether to bring a certain complaint or legal claim requires assistance, and employees should document incidents, preserve evidence, and note when the alleged violation occurred so any alleged violations can be properly assessed. Some complaint processes are subject to a six months filing limit, so delays after an incident or other violation can affect the claim. To better understand your entitlements and explore the viability of your Ministry of Labour claim, we encourage employees to seek legal advice.
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What is the Ontario Human Rights Code & the Canadian Human Rights Act ?
The Ontario Human Rights Code and the Canadian Human Rights Act protect employees against discrimination in the workplace. If you have been subject to discrimination or harassment in the workplace based on personal characteristics such as race, age, disability, place of origin, religious beliefs, gender, and orientation, among other grounds, you can make a statutory complaint against your employer and other individuals who may have been involved.
What is the Labour Relations Act and Duty of Fair Representation ?
If you are a unionized employee, you are represented by a trade union and are generally unable to sue your employer in court. Instead, as a unionized employee, you must follow the guidelines set out in the Collective Agreement, which is a written contract addressing the employment relationship between the employer, union, and employees. During union organizing, prohibited conduct is banned, including conduct that may interfere with collective bargaining or employees’ union activities, and the same rules apply throughout the bargaining process. An employer is prohibited from refusing to engage in good-faith negotiations with a certified union, and cannot bargain directly with employees while dealing with the other party. Firing, demoting, or providing financial or other support to control worker representation, or retaliating against employees for union support, can amount to unfair labour practices committed by an employer and can damage workplace morale if committed. Unions can also commit unfair labour practices if they threaten, coerce, or improperly interfere with members or other employees.
If your union has failed to properly investigate, process, or arbitrate a grievance, as a unionized employee you may file a Duty of Fair Representation complaint with the Labour Relations Board where a Board Tribunal has the authority to order various remedies. In that process, the respondent may be required to provide evidence and prove the challenged conduct was not contrary to the Act.
How can Whitten & Lublin help you?
To better understand your entitlements and explore the viability of your situation, we encourage employees to seek legal advice, as legal protections against unfair labour practices vary by jurisdiction and by the statute involved. Determining how to bring about a complaint under the various laws requires the knowledge and experience of an employment and labour lawyer, especially because these issues can affect job security, financial stability, and the continuation of your services, making early legal advice important for support.
The employment lawyers at Whitten & Lublin can provide you with the guidance and resources needed to regain control of your employment situation and assess the impact on your business.
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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.
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