Labour Rights and Employment Lawyers in Vancouver Protecting Clients in the Workplace

Both federal and provincial laws prohibit employers from retaliating against their employees for participating in union membership drives or exercising other employee rights. Suppose an employee participates in a union membership drive. In that case, an employer may not threaten termination, fire, or refuse to hire an individual or discriminate against the employee due to their union membership. Finally, an employer may not interfere with union certification through intimidation, promises of better pay for a negative vote, or other means. If an employee violates any of these laws, they may violate human rights law, and employees could file complaints to try and recover damages.

A union representative is authorized to take any concerns of other members to management and build and explain the benefits of membership in the workplace. A union rep is typically responsible for displaying or distributing announcements from the union to its members. In addition, a union representative may accompany union members to grievance or disciplinary hearings. Union reps may also work with management to develop workplace policies that deal with health and safety and better labour relations. Finally, a union rep can also provide union officials with more in-depth information regarding issues or challenging situations in the workplace that may need attention.

Executive compensation is often a hotly debated issue within unions in British Columbia. One of the principal concerns that often leads to employment disputes is the disparity of wages between what company executives make versus what employees bring home. Often, executive compensation is debated in labour issues as unions try to reach collective bargaining agreements. In the past, many company executives have been given substantial raises while union members were forced to fight for fair wages. When legal issues arise from unfair wages, it is always best to have an experienced Vancouver employment lawyer to provide advice on employment law.

A collective agreement, also known as a collective bargaining agreement, is a labour contract developed between an employer and the union that represents employees. A collective agreement outlines the terms and conditions of workplace employment, such as wages, benefits, working hours, and management and employee responsibilities. A collective agreement differs from a regular employment contract as the obligations do not end on the agreement’s expiration. Typically, if the collective agreement expires, management and the union continue to work under the terms of the prior agreement until a new one can be decided upon.

If your employer terminated you solely because of your disability, you may be able to file a human rights claim. However, proving that your employer violated the British Columbia Human Rights Code can be challenging. One of the main factors determining whether employees have a human rights claim is whether or not their termination relates to discrimination of a protected personal trait. Due to the overly complex nature of employment law, it is always best to hire an experienced employment lawyer who can thoroughly review the termination and determine what legal options may be available. A skilled lawyer can also advise you on filing a claim and provide legal representation throughout the claims process.

No, courts do not have jurisdiction to adjudicate human rights claims arising under Human Rights Legislation. Once your human rights complaint is accepted for filing, the first step is typically mediation between you and your employer and/or your union to try and resolve your complaint. Mediation is a less expensive and easier method to resolve disputes than going through costly and time-consuming litigation. Union members should also be advised that they may file a grievance under their collective agreement alleging discrimination due to the prohibited grounds of discrimination.

Under specific circumstances, severance pay is mandatory in British Columbia. These conditions include your employer failing to provide you with reasonable notice or pay in lieu thereof, having just cause to terminate your employment, or you not agreeing to end the employment relationship voluntarily. Additionally, if you provided your employer with written notice of your intention to quit and then management decided to terminate your employment before the specified departure date, you would be entitled to termination pay. However, severance pay is not mandatory if you voluntarily decide to retire, quit without written notice, work on call, or have not completed at least three months of continuous employment.

Grievance arbitration refers to the procedures used to settle any disputes that may arise when deciding the application or interpretation of a collective agreement. Provincial and federal labour legislation requires that collective agreements have provisions that detail how such disputes should be settled. In grievance arbitration, the employer and the union appear before a neutral third-party arbitrator or arbitration board who will listen to both side’s arguments. The decision made by the arbitrator or board is final and legally binding.