Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Thanks I he a question. And I am having problems. Full time…

Thanks I he a...

Thanks I he a question

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes.and I am having problems

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and I am unionized

Show More
Show Less
Ask Your Own Canada Law Question
Answered in 7 minutes by:
11/20/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,550
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

I am sorry to hear that you are in a difficult situation.

But what are the basic facts and what is your specific question please?

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
I have not told you issue yet.I went on vacation from June 28-July 17. And within that period I got sick and the doctor advised me not to travel .I notifies my manager who was fine with it and sent a letter from the doctor. Fast forward to September 12th when I travelled back home,I was advised by my company's occupation health nurse to apply for short term disability for the time I was away because I had used up all my sick time. I have been sick for a long time and so I have been using my sick time alot. My application was denied. The one handling the case told me that she could not approve my application based on the fact that I was diagnosed with insomnia which was not the diagnosis. I haven't worked since I came back and there seems to be no reason behind my not working.

Are you asking about the STD issue?

Or is this about wanting to go back to work and the employer not allowing that?

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
My union rep says that due to the fact that my doctor put restictions on my nature of employment(I have to work days only or reduce my fte to part time) they cannot let me work. Or if they let me work it will be only my days rotatversict. This can only happen if I choose to appeal my STD verdict . Otherwise they will get me to work and ignore the doctor's recommendation
Customer reply replied 8 months ago
Something doesn't seem right here. The HR isnt willing to get me to work and my union rep doesn't seem to help me. I just feel like something is off in this situation and thought of asking you for advice

Here is the law. Your union owes you a duty of fair representation. If they don't represent you fairly then your option is to file a complaint of unfair representation against your union.

In terms of the employer, they owe you a duty of accommodation. This means that they are required to provide you with reasonable accommodations so long as doing so will not cause them to undergo undue hardship.

If they are able to provide you with work that meets your doctor's requirements but refuse to do so you can file a complaint with the Human Rights Commission/Tribunal against your employer.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
I don't need to appeal the STD decision?because my rep says only through appealing can i go back to work.and I have bills to pay so I want this behind me.
This is also the second time thst my doctor has recommended for accommodation to be applied to me.

I don't know what your collective agreement says about that issue. That will govern. Your rep should know the correct answer I would hope.

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
Nope.he's just going with the flow. I really thank you for your advice and time.

I suggest asking for a copy of the agreement and privately and quietly have a lawyer read it.

Ask Your Own Canada Law Question

Is there anything more I can help you with at this point in time?

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,550
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,550
105,550 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

105,550 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

239 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I work for the City of Cornwall. I was doing a slow return
Hi, I work for the City of Cornwall. I was doing a slow return to work for a medical leave. I was not on short term or LTD and was only being paid for the time I was at work. Recently we went out on s… read more
Debra
Debra
Lawyer
105,550 satisfied customers
Is it legal to pay union dues, and not be protected by the
Is it legal to pay union dues, and not be protected by the union. … read more
Debra
Debra
Lawyer
105,550 satisfied customers
In my opinion and what seemed to be the opinion of my union
Good morning.. In my opinion and what seemed to be the opinion of my union I was wrongfully dismissed that was June 4 this year. I've had a couple meetings with the union and company and everytime, th… read more
Debra
Debra
Lawyer
105,550 satisfied customers
Do you deal in labor board rights. My son's ex employer
My son's ex employer straight up said he didn't care … read more
Debra
Debra
Lawyer
105,550 satisfied customers
Can an employer revoke a signed full-time contract with an
Can an employer revoke a signed full-time contract with an employee even if the employee does not agree? … read more
Debra
Debra
Lawyer
105,550 satisfied customers
Looking for employee advise. Off work due to mental health.
Looking for employee advise. Off work due to mental health. Receiving WSIB from part-time employer but also not able to work at full time position and full time employer has not provided accommodation… read more
Debra
Debra
Lawyer
105,550 satisfied customers
What are the laws when employee is accused of harassment and
What are the laws when employee is accused of sexual harassment and the employee claims they have a substance abuse issue … read more
Debra
Debra
Lawyer
105,550 satisfied customers
My son was fired from his job at Wheaton Pontiac without the
My son was fired from his job at Wheaton Pontiac without the required write up - in fact they forged his signature on the write up. He was harassed on the job and even physically threatened. Due to th… read more
Debra
Debra
Lawyer
105,550 satisfied customers
I have a problem and i'm not sure if I have a claim or not.
Hi, I have a problem and i'm not sure if I have a claim or not. I am a registered nurse and have recently been diagnosed with PTSD due to a terrible incident in my workplace. I believe that the incide… read more
Debra
Debra
Lawyer
105,550 satisfied customers
I have recently been involved in a situation at work which
I have recently been involved in a situation at work which involved a family member who had forwarded a form that got missed ... The family member had absolutely no problem with the situation however … read more
Debra
Debra
Lawyer
105,550 satisfied customers
My daughter was fired from her job in BC immediately after
My daughter was fired from her job in BC immediately after putting in a report of sexual harassment against 2 co-workers, the 2 co-workers each got a 3 day suspension, she got fired. this was physical… read more
Debra
Debra
Lawyer
105,550 satisfied customers
My wife is currently supposed to be on short term disability
Hello, My wife is currently supposed to be on short term disability with a doctor's note. Her workplace has not processed the paperwork to put her on short-term disabilty and allow her to collect EI. … read more
Debra
Debra
Lawyer
105,550 satisfied customers
We are a small logging company, 4 employees, we were contracted
We are a small logging company, 4 employees, we were contracted to do work on a site where the general contractor was unionized. We are not union. We did not do any job if a union employee was availab… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
I am a chronic pain person who works full time at caw local
I am a chronic pain person who works full time at caw local 27 in london ontario been there for 5=6 years part time and full time for 13 years. I have a union but not much help there. I was put off wo… read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
In confrontation with employer thats come to rest on single
In confrontation with employer that's come to rest on single issue. I am a truck driver and have been hauled into disciplinary meetings with management twice in the same week. I had been promoted to f… read more
Debra
Debra
Lawyer
105,550 satisfied customers
I need help because a Supervisor and a Coordinator at my workplace
I need help because a Supervisor and a Coordinator at my workplace are trying to give me a hard time and force me out of my job. I am a civil employee at the City Hall in Richmond. Our Union can only … read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
Iwas injured at work upperback neck sprain and strain 9 months
Iwas injured at work upperback neck sprain and strain 9 months ago I AM NOT BETTER YET I STILL have a lot of problems I work in nursing lifting bending pushing and pulling are all the problems i am tr… read more
Debra
Debra
Lawyer
105,550 satisfied customers
my uion rep put confidencal personal problems on my cell phone
my uion rep put confidencal personal problems on my cell phone mesage so some one calls my phone and heres my medical problem he did this in a deliibeate and hurt full maner… read more
Debra
Debra
Lawyer
105,550 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x