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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100505
Experience:  Lawyer
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Work as personal support worker , didn't need one

Customer Question

Work for 26years as personal support worker , didn't need one 43years ago when I first started in health care field . Now my employer states you have to have zone within 2 years or you are no longer employed. I've been with them for 26 years. Is their no grandfather clause in the legal aspect , our union says it is in our collective agreement and they can do this. I was told they wanted to get rid of us now! Should we all get together and higher a lawyer. Would it be worth it , I have 6 years to retirement. Can you help with what recourse I could follow . I need to keep working,
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
Did I mention the union showed me it is in the collective agreement. It was a employ brought it up to management when they . We are going through lay offs , the union new about this , that it was in there but never said anything or tried to protect us by trying to protect us and putting in a grandfather clause to protect us all these years. They left it alone. By getting rid of us , this employ who brought it out in the open , hopes to properly have a better chance of securing now full time employment. I heard there are 11 employs involved
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
I have been told that there is no way around this because of The Ministery of health care and something about insurance.
Customer: replied 2 years ago.
The collective agreement states something along the lines that all employees working as personal support workers have a certificate . We are classified as guest attendants and paid a little less then the other psw s who have their certificates.
Customer: replied 2 years ago.
I understand this answer might take awhile. Thankyou. I was told that the ,head man who is the union reps are under would just say Read you contract. I was told by his replacement , that the union would not set up anything special to help us out , like a special education package. I had enquires about it. I heard that the employer is suppose to pay for the course if there going to make us have it.
Customer: replied 2 years ago.
The fee is still $59 dollars even with all this talking . It is a one time fee
Expert:  Debra replied 2 years ago.
I am sorry to hear this. Unfortunately retaining a lawyer to fight the employer is not possible because you are in a union. The union has to represent you because the collective agreement is the employment contract and it is between the union and the employer and you are not a party to this agreement. If the union fails to represent you fairly then you can retain a lawyer to file a complaint of unfair representation against the union for damages. So ask the union to have their lawyer review the facts and the agreement to see if there is any recourse for you.

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