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How much notice is to be giving for company moving jobs to

 
Debra Thal's Avatar
  • Answered by:Debra Thal
  • Lawyer
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  • Accepted Answers: 37835
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Customer Question

How much notice is to be giving for company moving jobs to another city? without asking if you would relocate?

 

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Province/Territory relating to question: Ontario

Already Tried:
nothing we were giving written notice with 3 days of shift left before we had no more jobs

Submitted: 380 days and 17 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied 380 days and 17 hours ago.


Debra Thal (username) :

I am sorry to hear this.

Debra Thal (username) :

Are you in a union?

Debra Thal (username) :

How long did you work there for?

Debra Thal (username) :

Are they giving you any pay in lieu of notice?

Customer :

yes i am in a union

Customer :

i have been there for 19 months

Customer :

not sure what they are doing haven't heard anything the compaany tight lip

Customer :

they have ofter 6 employees 3 full and 3 pt bumping by seniority but i can't bump for i am disable and they won't let me bump into another job position i am qualified for because the letter we got states no bumping outside you group which is C.S.R.

Debra Thal (username) :

The company can dismiss you unless they are breaching the collective agreement.

But if the do then they need to provide you with the pay in lieu of notice that they are required to pay pursuant to the collective agreement.

Debra Thal (username) :

You cannot sue the employer as you don't have an employment contract with the employer.

Debra Thal (username) :

The union does and that is the collective agreement.

Debra Thal (username) :

Your union owes you a duty of fair representation.

Debra Thal (username) :

So go to them now and ask what is happening, what you are entitled to, what they are going to do if you are not getting it etc.

Debra Thal (username) :

And if the union will not represent you fairly then your next step will have to be to see a labour lawyer.

Customer :

what if i don't get fair representation from the union can i take it to the labour board?

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.


Debra Thal (username) :

Let me find the number but yes you most likely can.

Debra Thal (username) :

The number is:

1-800-268-8326 or XXX-XXX-XXXX (within the GTA)

Customer :

ok so i have to go through my union then if it is not fair i can take it to a lawyer for labour and employment issues to see if it can be settle fairly. Now what about bumping other employees that are part time and full time if i do that am i allowed the same rate of pay as full tiime because no full time position is available?

Customer :

i am fu;ll time

Debra Thal (username) :

It would depend on your collective agreement so take a copy of it with you if you do have to see a lawyer.

Customer :

thank you i will be in touch if it is not settled fairly

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37835
Answered: 4/30/2012

Experience: Lawyer

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