An Unfair Labour Practice complaint is an allegation that an employee, a union or an individual has engaged in an activity that is prohibited by the Canada Labour Code
THE CANADA LABOUR CODE
Ontario Labour Relations Board
The Canada Labour Code applies to employees in federally regulated industries such as airlines, banks and telecommunications. Unfair Labour Practice complaints are filed with the Ontario Labour Relations Board (OLRB). The OLRB has exclusive jurisdiction with respect to adjudicating unfair labour practices, and the courts have held that the plaintiff cannot allege an Unfair Labour Practice in a civil wrongful dismissal lawsuit. Examples of Unfair Labour Practices vary depending on the offending party. Employers may be charged with Unfair Labour Practices while the Union is organizing campaigns or during the bargaining process. For example, the employers could be engaging in threats, coercion, blackmail or intimidation in an attempt to sway a union vote. On the other hand, employers can file an Unfair Labour Practice complaint against a union if that union was interfering with employees during working hours, without the employer’s consent.
At Ball Professional Corporation we take the legal issues around Bad Faith Discharge very seriously and are committed in making sure your employment and Human rights are represented at the highest level and addressed in the most professional manner. We will try to minimize the cost to you by using our vast experience in negotiations while making sure you get what you are legally entitled to according to Canadian employment law. Stacey Ball is one of the top employment lawyers in Toronto and represents clients across Canada.
The Supreme Court of Canada
If you are not getting what you deserve we will fight for your rights all the way to the supreme court of Canada where Stacey Reginald Ball has fought and won protecting the interests of his clients .Individuals or groups who are concerned about a possible Unfair Labour Practice should seek legal advice to understand their options and to ensure compliance with applicable timelines. The complaint should be filed as soon as possible, and no later than 90 days from the date on which the complainant knew or ought to have known of the incident leading to the complaint. After the OLRB receives the complaint, they will decide whether to hold a public hearing or whether to decide the case on the information in the case file. This could include written submissions and information gained by industrial relations officers who investigated the complaint. The industrial relations officer would be appointed after the OLRB received the complaint, and part of their role is to help the parties reach a settlement through mediation.
The OLRB will rule on the case and decide which remedies to grant, if any. The remedies that are available to the OLRB are quite varied because of the different Unfair Labour Practices that may be committed. For example, the OLRB can order a revocation of disciplinary action, compensation to an employee for lost pay or they can order that a union reinstate someone to membership in that union. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.
Canadian Employment Law
Mr. Ball is author of the authoritative and definitive text Canadian Employment Law - published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
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