application for union certification, labour lawyers, lawyers for employers

Application for Union Certification: What You Need to Know

When faced with a union organizing campaign, Ontario Employers are often faced with short deadlines, and likely terms they've never seen before. One of these may include an application for union certification. The implications of certification can have a high impact on the relationship between Employers and Employees. Employers should be prepared to address the issue head-on while protecting their legal interests.  What is an Application for Union Certification? In Ontario, an application for certification is a submission by a proposed...

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types of unfair labour practices, labour lawyers ontario, labour lawyer

Unfair Labour Practices in Ontario

In Ontario, the Labour Relations Act specifies various unfair labour practices that unionized employers must not engage in. If the employer is engaged in actions that can be deemed an unfair labour practices under the Labour Relations Act, an application can be made to the Ontario Labour Relations Board. Employers should be weary of an unfair labour practices application as it can open them up to liability for significant monetary damages or other remedies. Given the risks, employers should...

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collective bargaining, negotiations, labour lawyers, toronto lawyers

Effective Collective Bargaining and Negotiations

Employers facing a Union organization campaign can be subject to short deadlines and uncertainty. After a Union has been certified to represent a group of workers, the next step is to create a collective bargaining agreement between the Union and the Employer. This agreement will govern the working relationship between the Employer and its unionized workers as well as the Union itself. The collective bargaining process functions as a series of contract negotiation meetings. If the parties fail to...

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adjusting unionized employees' work duties, labour law

Adjusting Unionized Employees’ Work Duties

When an employee commences employment with an employer whose workforce is unionized, the employee's rights are subject to the collective agreement. Essentially, the collective agreement is a contract of employment between the union and the employer. The union negotiates the collective agreement on behalf of its whole employee unit. It covers all of the fundamental terms of employment, including pay, hours, roles, and other issues. Sometimes, whether because of business needs or other reasons, the employer may change the...

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responding to employee unionization, labour lawyers toronto

Responding to Employee Unionization

Many Employers facing unionizing campaigns in the workplace often look for the best way to resist the campaign since it is typically their preference not to have a unionized workplace. Due to a rapidly changing situation involving unionization efforts and unfamiliarity with the process, it’s easy for an unprepared employer to land into an Ontario Labour Relations Board hearing for their conduct during the union organization process. As a result, many employers find themselves questioning the best manner of...

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Can An Employer Stop Employees from Unionizing, labour lawyers

Can An Employer Stop Employees from Unionizing?

In Ontario, employees usually have the ability to form a union. Employees may seek to do so for a variety of reasons, including but not limited to poor working conditions, disrespect from management, or a lack of job security. Once a union is formed, it can negotiate a collective agreement which can restrict the employer’s authority over its employees and force them to go through the union over certain issues. Many employees fear that their employer may reprise against...

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temporary layoff during COVID-19, workplace lawyers, employment lawyers

Update: Temporary Layoffs During COVID-19

On June 7, 2021, the Ontario Superior Court of Justice released a new decision, Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135, related to an employer’s ability to place employees on temporary layoff during the COVID-19 pandemic. The Government of Ontario had previously introduced Infectious Disease Emergency Leave as a proscribed leave under the Employment Standards Act. The Government of Ontario’s intention was to provide employers with the ability to place employees on job protected Infectious Disease Emergency Leave...

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can my employer increase my workload, workplace lawyers, employment lawyers, human rights lawyers

Can My Employer Increase My Workload?

We often hear of an employer increasing their employee's workload, whether this stems from a change in business needs, restructuring, or some form of discriminatory purpose, employees are often unsure of whether their employers are able to do this - and at times will agree to the changes for the sake of keeping their job. We have had several clients ask us, "Can my employer change my workload?" - and the answer is, it depends. In some cases, an employment...

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fired without cause, workplace lawyer, employment lawyers

Can I Be Fired Without Cause in Ontario?

Losing a job is never easy, but it is even more difficult if you are fired through no fault of your own. This type of dismissal leaves some employees wondering – “Can I be fired without cause?” – and the answer is, typically, yes. When can an employee be fired without cause? In Ontario, an employee working in a non-unionized environment can be fired without cause at any point of their employment. Whether this is for a change in business...

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defending employers against unions, workplace lawyers

Defending Employers Against Unions

In Ontario, there are several unionized workplaces. In these workplaces, certain types of employees are required to become part of a union which collectively bargains with the employer and will represent the employees in disputes with the employer. The union and the employer are bound by the terms of a comprehensive collective agreement which acts as an employment agreement covering the entire union. Normally, a union has exclusive rights to represent its members in employment, non-human rights, based legal...

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