The Canada Labour Code

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Added on 2021-04-21

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EMPLOYEE AND LABOUR RELATIONS 1 EMPLOYEE AND LABOUR RELATIONS EMPLOYEE AND LABOUR RELATIONS Name of the Student Name of the University Author Note B The Canada Labour Code is the primary legislation governing employee relations in Canada (McQuarrie, 2015). Section 241 (3) lays down that where the mediation process has been unsuccessful, on a written request from the complainant, the inspector would refer the dispute to an arbitrator to be appointed by the Minister of Labour (

The Canada Labour Code

Added on 2021-04-21

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Running head: EMPLOYEE AND LABOUR RELATIONSEMPLOYEE AND LABOUR RELATIONSName of the StudentName of the UniversityAuthor Note

1EMPLOYEE AND LABOUR RELATIONSPart AThe Canada Labour Code is the primary legislation governing employee relations inCanada (McQuarrie, 2015). Enacted in 1985 it continues to stand as the guiding statute in casesof employee grievances at a federal level. Provincial employee grievance procedures may differhowever they ideally follow the same structure. The code is divided into three parts eachassigned its own subject matter namely- Industrial Relations, Occupational Health and Safetyand Standard Hours, Wages, Vacations And Holidays (McQuarrie, 2015). Part III of the codedeals with the employee grievance procedures. Section 240 of the Code defines unjust dismissal.Section 240 (1) prescribes that a complaint for unjust dismissal has to made to a Labourinspector. Section 240 (2) of the Code mandates that a complaint of unjust dismissal must bemade within ninety days from the date of the dismissal. In the given set of circumstances, Write Way Stationary Company has dismissed anemployee (James) due to his repeated punctuality issues. Write Way Stationary Company has atrade union functioning within its framework alongside whom James has filed a complaint ofunjust dismissal. The first step in the grievance resolution process would be to file the complaintwithin 90 days before the inspector (McLaughlin, Hennebry & Haines, 2014). It is theinspector’s duty to determine if the complaint is admissible as per the provisions of this act and ifhe is sufficiently satisfied with the same he would make a request to the employer to producereasons for the dismissal in writing within 15 days of making the request (McQuarrie, 2015).By virtue of Section 241 (2) an inspector is obligated to assist the complaining party inany way possible or ensure that another inspector does the same. This means that it is theinspector’s duty to actively initiate a mediation process through which the parties may reach an

2EMPLOYEE AND LABOUR RELATIONSamicable settlement (McQuarrie, 2015). Section 241 (3) lays down that where the mediationprocess has been unsuccessful, on a written request from the complainant, the inspector wouldrefer the dispute to an adjudicator to be appointed by the Minister of Labour (Ciuriak & Curtis,2013). This appointment happens by virtue of the provisions of Section 242 (1) of the Code.Section 242 (2) gives the appointed adjudicator the power to decide the rights of the parties inrelation to the dispute.In case of such a complaint by the union the employer would be bound by the decision ofthe appointed adjudicator. However, Write Way Stationary Company can enter into a collectiveagreement stating that punctuality issues may lead to termination if no such agreement is inplace. This agreement can further state the various circumstances in which such terminationcould be expected. If such an agreement is already in force then James was in contravention ofsuch an agreement and his dismissal would not be unjust (McQuarrie, 2015). If such anagreement is not in force the company should ideally implement such an agreement to ensurethat such complaints are not made.Part BSection 166 of the Code deals with collective agreements and includes agreements thatprovide for third-party intervention in the settlement of disputes. Third-party intervention refersto alternate dispute resolution processes that do not include court procedures. These disputeresolution processes are classified as Mediation, Conciliation and Arbitration. Other third partyreconciliation methods such as fact-finding (as part of the conciliation process) and special back-to-work legislation are also applicable in Canada (McQuarrie, 2015). In the given set ofcircumstances one of the following options could be applied by Write Way Stationary Company.

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