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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100990
Experience:  Lawyer
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My wife was employed Garda as pre-board screening officer

Customer Question

My wife was employed Garda as pre-board screening officer CATSA. She asked for a transfer, which she is entitled to, because I took on new work in a new province (left the NWT to go to Alberta). They denied her transfer as they were not happy about her leaving as she was newly certified and a good employee and they were short staffed. My career is the main provider for us. Thus she agreed that we needed to move. But the companies punishment stance has left her out of work. She has even re-applied for the same position in Alberta but they will not re-hire her either because they "were not happy about here leaving Yellowknife". She did nothing wrong but move because my career required that I move. Is this wrongful dismissal?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Has she gone to the union?

Customer: replied 2 years ago.
No. Not yet. Is this step one? I'm even sure she can as she is no longer an employee.
Expert:  Debra replied 2 years ago.

Yes she must go to the union. She cannot go after the employer herself because she is in a union so she must have the union represent her.

The employer has breached its agreement and so the union can file a grievance.

Customer: replied 2 years ago.
How many replies do I get? She never received her union card. The man who rejected her transfer request is also head of the Union. I'm checking to see if they took dues of her. She only worked 3 months. She is a permanent resident from Japan. She was a very serious worker and did well in all her training. They made many employees do illegal things though such was work on secure areas without proper clearances et cetera.
Expert:  Debra replied 2 years ago.

You get all the replies you need.

Do find out if she was a member of the union.

But if she wasn't then the collective agreement will not apply and so while this means she could sue them after only working three months she would not get anything by way of damages except for perhaps one week's pay if she worked there over three months. If it was under then she would not get anything because she can be dismissed for no reason and without any termination pay within the first three months.

Customer: replied 2 years ago.
Sorry for a slow reply. We just moved and had to dig through papers. She worked for three months and did pay union dues. So we can try the Union but based on who is in charge (mentioned previously) I'm not confident they will support her. This however is the route we must take. Correct?
Expert:  Debra replied 2 years ago.

Yes it is.