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ARTICLE · 21 OCTOBER 2024

Limits On Grievances: Labour Arbitrator Does Not Have Jurisdiction To Decide Post-Termination And Constructive Dismissal Complaints

Most employees have a contract for employment with their employer. Even if the contract is not written down, its terms are implied pursuant to the common law...

CanadaEmployment and HR

Most employees have a contract for employment with their employer. Even if the contract is not written down, its terms are implied pursuant to the common law – that is, the tradition of legal decisions in similar cases.

The collective bargaining relationship, however, is legally different. When an employee works under a collective agreement, they do not have an individual employment contract with their employer. Instead, they are bound to the contract bargained collectively by their union and with their co-workers. Also, unlike the individual employment contract context, unionized workers are generally required to submit their complaints to the labour arbitration process, where an arbitrator can order the employer to comply with any breached contract term.

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