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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97948
Experience:  Lawyer
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I feel I was harassed by a manager at my work place. It

Customer Question

I feel I was harassed by a manager at my work place. It started when I saw her grab a Nurse out of anger then shortly after that I was being hauled up stairs for really ridiculous things , that at first didn't make any sense to me. Then I realized they were building a file on me. which then led to dismissal. She took my lively hood away. The police were involved but I thought it was cruel if I gave my statement because they were going to put her in jail till Monday for court. I didn't know at the time this would happen to me. So the officer said she would talk to the Nurse and see if she would go through the proper channels at work which she did but nothing became of it. The manager was suspended for 2 weeks of course with pay. When she came back then I was being hauled up stairs every week. I kept messages from the Nurses telling me to fight this because she was bullying and harassed me.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The law is that you cannot sue your employer for wrongful dismissal because you are in a union.

Your employment contract is the collective agreement and it makes it clear that you must grieve and go through arbitration.

You could get your job back but you could also get damages.

If you feel the union is not representing you fairly then you should see a labour lawyer. That lawyer can advise as to whether you could successfully complain against the union for breaching their duty to you of fair representation.

But that is all you can do. You simply cannot sue the employer.

I am sorry about that.

But what you should know is that if you could sue, it would take just as long if not longer and you would have to pay a lawyer. Legal aid does not fund employment or other cases like this. They just fund criminal law and family law cases.

Expert:  Debra replied 1 year ago.

I am not sure what is happening with your post. You've not replied back at all and that is puzzling as this is a conversation. As well, you seemed to have closed the question which is very puzzling. I hope you are not doing that because I gave you an honest answer. I cannot tell you what you want to hear to make you happy with me as that would not help you but in fact could harm you.

Please explain.

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