Termination

How Does Termination Occur?

Termination occurs when an employer ceases employment of an employee
If an employee has been consistently employed for three months, they must be given
proper notice of their termination
The amount of notice entitled to a worker before termination can vary based on the
amount of time they were employed
A proper notice can include a written notice, termination pay or a combination of both
However, In certain cases, an employee may not be entitled for notice or pay

In What Scenario Does One Not Qualify for Pay or Notice?

You may not qualify for termination pay or notice if you:
Have been working less than 3 months
Recklessly or wilfully neglect your required duties
Are found guilty of improper or unprofessional behaviour
Decline a proposal of alternate employment with the employer
Are in an unexpected circumstance (i.e. fire or flood) where the employer is
unable to keep your working position

In Which Situations are you Protected from Termination?

You cannot be terminated or penalized for:
Asking about the Employment Standards Act
Practicing rights that are highlighted under the Employment Standards Act
Taking leaves of absence specified in the Employment Standards Act
General inquiry and practice of the Employment Standards Act

What are the Requirements During the Notice Period

The Requirements during the notice period are:
To not alter any existing conditions of employment
To not pay the employee less than the normal wage that they are paid for a
normal work week

Filing an Employment Standards Claim

One aspect of the Employee Standards Act is the Employment Standards Claim
which is used to claim issues such as payment of wages, public holidays, hours of work,
overtime pay, vacation time and pay and statutory leaves.
 There are two instances when an employee is unable to file a claim due to
certain circumstances.
1) The employee is part of a trade union. When employees are covered by a
collective agreement, they must use whatever grievance procedure was worked
out between the employer and the trade union.
2) They have already filed a claim in the court of law. If an individual has already
sought out court action against their employer for failure to pay wages,
discrimination or wrongful dismissal, you cannot file another claim. If the
employee wishes to start a court action, they need to withdraw any outstanding
claims within the first two weeks of the original filing date.

If you are able to file a claim there are four steps to follow.
Step 1: Contact the employer in regards to whatever problem the claim is for. A lot of
the time these issues can be resolved at this stage. Sometimes this stage can be
skipped if the workplace closed down, went bankrupt or the employee is afraid.

Step 2: Collect important documents about the employee's work history since they are
required when filling out the form.

Step 3: Completing the claim form. The form will ask the claimant to give out a lot of
detailed information that can take up to an hour to complete.

Step 4: Send and file the claim. Ideally it would have been completed online but it can
also be mailed to the Provincial Claims Centre.

Once the claim has been filed it will be reviewed and investigated; the amount of time it
takes varies on each case. A maximum of $10 000 can be paid to the claimant.
Purposes
There are many key purposes of the Labour Relation Act. For example, the act facilitates
collective bargaining between employers and trade unions. This is a key purpose because most
conflicts and issues in the workplace are brought to attention through unions. Another purpose of
the act includes promoting employee involvement in the workplace and encouraging
communication between employers and employees. This way many conflicts can be solved
without acquiring professional assistance which ultimately costs money. In addition, the act
encourages cooperative participation of employers and trade unions in resolving workplace
issues. This way, employers and employees are actually coming towards a solution and meeting
halfway rather than both parties not negotiating at all.

Non-application
 The Labour Relations Act makes it clear that it is not applicable in all settings. For
example, the act does not apply to a domestic employed in a private home or in hunting or
trapping. This same applies to a person who is employed in horticulture (practice of garden
management) by an employer whose primary business is agriculture or horticulture. The only
exception to this is if the employee is of a municipality or he/she is employed in silviculture
(growing of trees). The act also does not apply to a member of a police force within the meaning
of the Police Services Act or to a member of a teachers bargaining unit within the meaning of
the School Boards Collective Bargaining Act.

Unfair Practises
The Labour Relations Act protects employees from many unfair practises in the
workplace. First of all, employers cannot interfere with unions. This means that they cannot be a
part of it or make any sort of financial or any other contribution to the union, but the employer
still has the freedom to express their views as long as they do not use coercion, intimidation,
threats or promises. The opposite also applies, unions or employees cannot interfere with
employers and their organizations. In addition, employers are not to interfere with employees
rights. This means employers cannot discriminate against an employee because they were part of
a union, employers cannot restrict employees from joining a union, and they cannot threaten or
convince employees to not join the union.
Furthermore, a trade union shall not act in a manner that is arbitrary, discriminatory, or in
bad faith in the representation of any of the employees in the unit. Also, no person part of a trade
union or employers organization can force through intimidation, or coercion to compel any
person to become or stop being a part of a trade union. Lastly, no unlawful strike or lockout
should occur or be threatened. In order for the union to go on strike, a strike vote should be taken
in 30 days or less before the collective agreement expires or after it expires and more than 50%
of voters should agree on the strike.

Labour Relations Act

Purposes and Unlawful Practises

Purposes Unfair Practises

To facilitate collective bargaining Employers, etc., not to interfere with
between employers and trade unions
unions Unions not to interfere with employers
To promote flexibility, organizations
productivity and employee Employers not to interfere with
involvement in the workplace. employees rights
To encourage communication Intimidation and coercion
 between employers and employees No person should compel any
in the workplace. person to become a part of or
To encourage cooperative leave a union through intimidation
participation of employers and Strike and Lockouts
trade unions in resolving Where there is a collective
workplace issues. agreement, no employee bound by
the agreement shall strike
Non-application In order for union to go on strike
This Act does not apply, A strike vote shall be taken
to a domestic employed in a in 30 days or less before
private home; the collective agreement
to a person employed in hunting or expires or after it expires
trapping; More than 50% should
to a member of a police force agree on strike
within the meaning of the Police No unlawful strike or lockout
Services Act; should occur or be threatened
to a member of a teachers
bargaining unit within the meaning
of the School Boards Collective
Bargaining Act

LabourRelationsAct
Freedoms&Information
___

Freedoms
UndertheFreedomssectionoftheLabourRelationsAct,wehavetwoprimaryfreedoms.Thefirstisthat
wehavetherighttomembershipinatradeunion.Thisessentiallymeansthateveryoneisfreetojoina
tradeunionoftheirchoice,forexample,ateacherjoiningtheteachersunion.Theyrealsofreeto
participateinanyoftheunionsactivities,aslongastheyrelawfulofcourse.Thesecondfreedomthat
wehaveistherighttojoinanemployersorganizationofyourchoice.Anexampleofthiswouldbethe
principalofaschoolbeingpartoftheschoolboardsmanagementgroup.Principalsareinapositionof
authorityoverteachersandthereforearentpartoftheteachersunion,buttheystillhavetherightto
jointheiremployers(theschoolboard)group.Theycanparticipateinanyofthegroupsactivities,but
again,theymustbelegal.Towrapitallup,youcanjoinanyemployeeunionoremployersorganization,
justmakesureyouonlyinvolveyourselfinlawfulactivitiesandyouregood!
Information
UndertheInformationsectionoftheLabourRelationsAct,themainfocusisoncommunicationbetween
theemployerboardandtheemployeeunionoremployersgroup,aswellascommunicationwithina
company.Itcoversregulationsinvolvingcommunicationwithinacompany,andtheproperactions
regardingit.AlargeamountofthesubsectionsunderInformationpertaintoofficialpapersbeing
submittedtotheMinisterofLabour.Forexample,insituationswheretherehasbeenanagreementmade
orbylawsenacted,alegaldocumentisrequiredtobehandedin.Anotherexampleofcommunication
statedwithinInformationisthatanemployeehastherighttoseeanauditedfinancialstatementofthe
companyatanytime.Withrulesliketheseinplace,itkeepscompanieshonestwiththeiremployees,and
putsvalueintoastrongemployee-employerrelationship.Thissectionoftheactmaintains
communication,trust,andorderbetweenemployeesandtheiremployers.

Workplace Safety
Rights of Employees:

- As an employee you have the responsibility to take all necessary precautions in

order to make sure you are staying safe and and not affecting other employees
through your work and activities. Therefore, ensure your safety so that your
colleagues are not affected by any foolish actions caused by you.
- You have rights under the code : the right to know, the right to participate and the
right to refuse any dangerous work that may affect your health and safety.
- You have the right to be informed of any dangerous hazards that may occur in
your workplace. It is your right be informed of any instructions and procedures
that may be needed to take place in order to ensure your health and safety at the
workplace.
- The code requires you to use all sorts of appropriate communication methods
necessary, including people with special needs.
- Employees are also given the right to have access to government reports related
to health and safety of employees through their policy health and safety
committee, workplace health and safety committee, or your health and safety
representative.( These groups basically deal with any concerns regarding health
and safety in the workplace, the purpose of these committees is to correct any
organization-wide issues occurring).
Right to refuse :-
 - Any employee has the right to refuse any duties assigned to he/she if they think
the workplace will: endangers your safety and health,and the activities/duties
being performed may cause harm to yourself and others in your workplace.

Responsibilities as employees:

- Every employee must use all materials and equipment received by the employer
and must follow procedures and instructions provided by the employer in order to
ensure health and safety while performing duties in the workplace.
- As an employee, you have to co-operate with other people when carrying out
duties in the workplace. This is required under the Canada Labour Code.
- You are also expected to report any activities that you may think could cause
any hazardous situations that may put you and other peoples safety at risk.
This also includes reporting any work related accidents that may occur in your
line of duty.

Employers:
- As an employer, you are obligated to provide necessary instructions in order to
avoid any injury or accidents and to promote a safe and healthy working
environment for the employees. These responsibilities fall under the canada
labour code and apply to workplaces under federal jurisdiction.
- You must ensure that employees have necessary information, training and
supervision in order to carry out their work safely. This includes, an overall
understanding of work safety procedures, knowledge of the safe use of tools and
equipment and awareness of known workplace hazards.
- Employers must also ensure that health and safety committees are aware of their
duty which include: maintaining regular meetings, conducting monthly
inspections, and participating in investigations regarding any accidents or in job
hazard analysis.

Negotiation of Collective Agreements

The Negotiation of Collective Agreements section begins with how bargaining between an
employer and trade union must commence. Foremost, the trade union must be a certified
bargaining agent for employees, or have voluntary recognition from the employer. To begin,
trade unions must first supply employers with a written notice of its desire to bargain. The two
parties must meet within either 15 days or a further agreed upon date to begin bargaining.
Either party may apply for a conciliation officer through the Ministry of Labour to assist in
reaching a collective agreement.

Conciliation Officers
A conciliation officer maintains the relationship between the two
parties and helps assist in the flow of conversation. The
conciliation officer is only present for 14 days of negotiations
unless both parties agree on an extension or the Ministry of
Labour extends the 14 day period based on advice from the
conciliation officer. If the parties cannot reach a collective
agreement, another conciliation officer may be requested by both
parties after 15 months from the original officers appointment.

Mediators
Instead of a conciliation officer, the parties may jointly request a mediator. A mediator helps
parties identify and articulate their own interests while facilitating a structured dialogue aimed at
a mutually satisfactory result.

Conciliation Board
If the two parties are unable to reach a collective agreement with the
assistance of a conciliation officer the Ministry of Labour may either
appoint a conciliation board or notify the parties that it is not advisable to
appoint a conciliation board. All six members of the conciliation board
cannot have any current interest in the negotiations or interests
spanning back 6 months from their appointment to the board. The
conciliation board can summon witnesses, accept evidence, and inspect
workplaces.

Arbitration
If the previously stated routes towards agreement fail, either party may apply to the board of
conciliation for agreement by arbitration. The board may only use arbitration if the employer
refuses to recognize the trade unions bargaining rights, a party refuses compromise, or parties
make no effort to achieve an agreement. While an arbitrative direction is being decided upon,
employees are not allowed to strike, employers may not lock employees out, and all working
conditions must not be altered. This concludes the Negotiation of Collective Agreements
section of the Labour Relations Act, 1995
Health and Safety: Workers Compensation
http://www.labour.gc.ca/eng/health_safety/index.shtml
 What is it?
Workers' Compensation programs are in place in
Canada to protect employees from financial
troubles that come with work-related injuries and
sicknesses / diseases. These programs are
regulated and controlled by the provincial and
territorial governments in Canada. There are
multiple programs / divisions that cover specific groups of workers and employees which are in
place to help these people in certain scenarios. The Labour Program is responsible for claims
that involve federal government employees (both inside and outside of the country) who are
injured on the job, become sick from an occupational disease or are slain while on duty. They
also administer claims from certain merchant seamen and
federal inmates.

What you should know:

If you get injured from an accident on the job, you have
the right to benefits!
The government provides benefits to employees under
the Government Employees Compensation Act
administered by Human Resources and Skills
Development Canada.
The board or commission in the province in which you are usually employed will handle
your compensation claim.
You can receive: - compensation for loss of earnings - medical, hospital and related
services - rehabilitation services - a lump sum or a pension if you are permanently
disabled.
Casual employees can receive regular workers' compensation benefits for loss of
earnings when disabled.
If you are seriously injured and never recover you will receive either a permanent
disability pension or a lump sum with future loss of earnings protection provided by the
workers' compensation law of your province.
If you die on the job your coverage provides for funeral and other expenses, money to
your spouse, and pensions to people who were dependent on you.
If you are ever injured at work (even small injures) report them to your employer, they
will complete the paperwork and report the injury.
Claims can be rejected for the following reasons: not enough information was given - the
accident was not related to the employee's work - the injury or disability is not related to
the accident.
All this coverage also applies if you are outside of Canada and in another country for
work.