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I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
The issue here is whether or not you are an hourly/salary employee and whether or not you have supervisory authority (if you are a salaried employee).
If you don't mind me asking, are you a salaried employee that makes for than $23,600 per year?
I look forward to hearing back from you and assisting you.
I am sorry....I am a US attorney and don't fee comfortable answering a Canadian law question. I will opt out so that you can find a professional better suited to answer your question.
I am a lawyer in Ontario and I'm happy to answer your question.
Before I do can you please just let me know whether there is anything in your employment contracts that talks about a lunch break or other rest period and whether this would be paid for or not.
Is there a valid reason for the employer to want you to be there until 5 o'clock?
I don't see a violation either.
The provision is to protect you and not to make you have a lunch break if you don't want to do so.I suggest that you have your union rep send her a letter explaining that the union does not believe you are in breach of the agreement and that it is your right to waive the hour lunch break if you decide you don't need it. So long as the employer allows it if you do then all is well on both sides.
The point is is that while the employer may have to offer it you cannot be compelled to take it.
What you can do is first contact Theb employment standards branch and discuss this with them further and then tell her what they say and then have your union rep speak to her as well.
I cannot provide you with independent legal advice. I am not permitted to provide any legal advice at all because you are my client. I can only provide general legal information. And, I have already stated several times that you are not required to take the break it is just that your employer must provide it.
As well, I have stated several times now that you should call the employment standards branch tomorrow to confirm this with them.
You go to the union rep for help.