COMMON LAW – CONTRACT OF EMPLOYMENT

Here is a broad overview of various topics in labour and employment law. This would come out predominantly from a Canadian context. If you work for somebody, then by definition you have an employment contract, i.e. the common law contract of employment. Generally, there is an explicit contract written out between employer and employee, other …

Confidential Employees – Collective Bargaining

Confidential employees are excluded from collective bargaining because they might be able to give the union access to matters that the employers do not wish them to know about such as bargaing strategy, grievances, etc. (Canadian Union of Bank Employees v. Nova Scotia). That being said, confidential employees will only be excluded if there is …

Managers and Collective Bargaining

Managers are usually excluded from collective bargaining as it is a fundamental premise of labour law that there is a conflict of interest between management and workers (Children’s Aid Society). The most important factors in determining if an individual is a manager are: the power to discipline, the power to hire, promote, demote, and grant …

Professional and Public Employees – Collective Bargaining

Some statutes exclude certain professional employees from collective bargaining, on the basis that these employees already enjoy a privileged economic position. Traditionally, public employees were excluded from collective bargaining but nowadays we see more public sector employees involved in collective bargaining. Often public employees are covered by special collective bargaining statutes which put certain restricts …

Collective Bargaining – Excluded Employees

As per labour relations legislation, some employees are excluded from collective bargaining. In the past this exclusion has survived Charter scrutiny as it has been held that the freedom of association and freedom of speech do not guarantee a right to collectively bargain. However, newer case law seems to suggest that there is a Charter …

STATUS UNDER COLLECTIVE BARGAINING

Introduction (In a Canadian Context) Collective bargaining legislation determines who is entitled to bargain collectively and who is excluded. Notably, managers, independent contractors, public workers, privileged employees, confidential employees, and whomever else the statute says so may be excluded. This gives rise to the threshold question of “who is an employee”? The two most commonly …

Dismissal for Cause

An employer can dismiss an employee if there is a valid cause. The test for valid cause is if the employee dishonestly violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee’s obligations to his or her employer (McKinley).