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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I currently work at a hospital nursing home my supervisor is

Customer Question

I currently work at a hospital nursing home
my supervisor is employed by a management firm
we have a union and based on my understanding, union agreements overrule the ontario ministry of labour
manager is discriminating against me, i don't take breaks, work 8.25 hours but get paid 7.5
please help
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.

Why don't you take a break?

Doesn't the collective agreement provide that you must have a break?

Are you being paid for less hours because you are not being paid for the time you are supposed to be taking a break?

Customer: replied 11 months ago.
the employee prior to myself was fulltime, i took over the same shift but given parttime (7.5hours, no benifits) and required to do the an hour more worth of work.
complaining of excess work induced several meetings with HR, union rep and the supervisor i'm having issues with.
one of the attacking points from them is that i talk to coworkers after hours, isn't it my right/freedom to talk to whoever?
Customer: replied 11 months ago.
the agreement indicates half hour lunch and 15 min break which i am unable to take if i want to finish within the allocated time
Expert:  Legal Ease replied 11 months ago.

So are you saying that you are being denied the lunch break and the other short break or that they tell you you should have them but you have to work through them or you can't get the work done?

Customer: replied 11 months ago.
The latter
Expert:  Legal Ease replied 11 months ago.

You're obviously entitled to speak to your coworkers after work. But if you are bad mouthing your supervisor or some other employer and this is getting back to the employer you can see why you aren't going to be listened to the way you would like to be.

I suggest you go to the union rep and tell the union that they owe you a duty of fair representation. The reason why they owe you this duty and the reason why duty is so vital is that you cannot legally take on the employer yourself.

I suggest that you go to your union rep, tell the union rep that you understand that the union owes you a duty of fair representation and that if they do not represent you fairly and assist you in this matter you will consider what your legal options are.

Just so you know, your legal option would be to file a complaint with the labour board against union and seek damages from the union.

Customer: replied 11 months ago.
No bad mouthing occurred ANY coworker or supervisor, what was asked was if how the person who covered my shift handled the tasks.
I was informed that the supervisor instructed the other employees that if I (and only me) call any of them (she thinks I'm causing an uprise) that's it's harrassment.
We have went into arbitration with HR, supervisor and union about the workload but it seems as though it was interrogation about calling other employees after work hours...
From my understand, union contracts overrule MOL lays
Expert:  Legal Ease replied 11 months ago.

The collective agreement is what is binding.

Customer: replied 11 months ago.
Please comment on the other 2 statements seeing as they're not honouring their own collective agreement
Expert:  Legal Ease replied 11 months ago.

Please clarify which two statements you mean?

Customer: replied 11 months ago.
I was informed that the supervisor instructed the other employees that if I (and only me) call any of my coworkers (she thinks I'm causing an uprise) and that I'm harassing them.
We have went into arbitration with HR, supervisor and union about the workload but it seems as though it was interrogation about calling other employees after work hours...
I was given another meeting today with HR and union, in which they gave me a written notice for "disrupting coworkers and failing to complete assigned tasks'
Customer: replied 11 months ago.
i indicated that this is unfair and that my freedoms are being limited outside of work and lef the room, the union rep followed me out and told me he will reach out to the union lawyer and asked if i had legal representation, i said "isn't that what my union fees pay for?" he said yes no worries
please advise
Expert:  Legal Ease replied 11 months ago.

You don't have blanket representation in other words it depends on what you need representation for. If the union lawyer does not feel that you have any right to grieve or any reason to grieve or that you will lose and it will cost the union too hmuch money they may tell you that they've done all they can for you.

As I said earlier you have a right to do what to do whatever you want outside of the workplace.

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