Employee and Labour Relations: Canada Labour Code Analysis

This report provides a comprehensive analysis of employee and labour relations in Canada, primarily focusing on the Canada Labour Code. It examines the process of addressing unjust dismissal complaints, outlining the roles of labour inspectors and the potential for mediation and arbitration. The report delves into the specifics of collective agreements, including third-party intervention methods such as mediation, conciliation, and arbitration. It also explores the employer's bargaining power and the legal avenues available for modifying employment terms, particularly when collective agreements are in place. The report references key sections of the Canada Labour Code and relevant scholarly sources, offering a detailed overview of the legal framework governing employee-employer relationships in the Canadian context.

Running head: EMPLOYEE AND LABOUR RELATIONS
EMPLOYEE AND LABOUR RELATIONS
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Author Note

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Part A
The Canada Labour Code is the primary legislation governing employee relations in
Canada (McQuarrie, 2015). Enacted in 1985 it continues to stand as the guiding statute in cases
of employee grievances at a federal level. Provincial employee grievance procedures may differ
however they ideally follow the same structure. The code is divided into three parts each
assigned its own subject matter namely- Industrial Relations, Occupational Health and Safety
and Standard Hours, Wages, Vacations And Holidays (McQuarrie, 2015). Part III of the code
deals 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 Labour
inspector. Section 240 (2) of the Code mandates that a complaint of unjust dismissal must be
made within ninety days from the date of the dismissal.
In the given set of circumstances, Write Way Stationary Company has dismissed an
employee (James) due to his repeated punctuality issues. Write Way Stationary Company has a
trade union functioning within its framework alongside whom James has filed a complaint of
unjust dismissal. The first step in the grievance resolution process would be to file the complaint
within 90 days before the inspector (McLaughlin, Hennebry & Haines, 2014). It is the
inspector’s duty to determine if the complaint is admissible as per the provisions of this act and if
he is sufficiently satisfied with the same he would make a request to the employer to produce
reasons 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 in
any way possible or ensure that another inspector does the same. This means that it is the
inspector’s duty to actively initiate a mediation process through which the parties may reach an

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amicable settlement (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 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 in
relation to the dispute.
In case of such a complaint by the union the employer would be bound by the decision of
the appointed adjudicator. However, Write Way Stationary Company can enter into a collective
agreement stating that punctuality issues may lead to termination if no such agreement is in
place. This agreement can further state the various circumstances in which such termination
could be expected. If such an agreement is already in force then James was in contravention of
such an agreement and his dismissal would not be unjust (McQuarrie, 2015). If such an
agreement is not in force the company should ideally implement such an agreement to ensure
that such complaints are not made.
Part B
Section 166 of the Code deals with collective agreements and includes agreements that
provide for third-party intervention in the settlement of disputes. Third-party intervention refers
to alternate dispute resolution processes that do not include court procedures. These dispute
resolution processes are classified as Mediation, Conciliation and Arbitration. Other third party
reconciliation 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 of
circumstances one of the following options could be applied by Write Way Stationary Company.

3EMPLOYEE AND LABOUR RELATIONS
Mediation under the code is undertaken by Federal mediation and Conciliation service
which is defined in 70.1 (1) of the Code (McQuarrie, 2015). Mediation maybe defined as the
process undertaken after agreement by both parties to refer the dispute to a third-party (Hopt &
Steffek, 2013). The mediator in this case acts as a person who intervenes and urges both sides to
make compromises in order to reach an amicable solution. Conciliation similarly urges both
parties to reach an amicable situation.
Arbitration on the other hand refers to the process of appointment of an arbitral tribunal
(which may consist of an individual or more than one individual) that determines the rights and
responsibilities of the parties to the dispute. This determination is then issued in the form of a
direction (judgment) which is called an award (McQuarrie, 2015). This direction becomes
binding on both parties and can be legally enforced. The arbitral tribunal is referred to as the
arbitration board/arbitrator in the Code and is defined under Section 3 (1). Under Canadian law,
the arbitral award may go against the terms of a collective agreement in force and would still be
deemed enforceable (McQuarrie, 2015). Arbitration is invoked through an arbitration clause in a
collective agreement or a separate arbitration agreement in which the parties agree to refer
disputes to an arbitrator. Section 57 (4) of the code states that the Minister of Labour may
appoint an arbitrator or the chairperson of an arbitration board on the basis of a written request
from the bargaining agent. This appointment happens by virtue of Section 57 (5). According to
Section 58 (1) any decision of the arbitrator is final and shall not be reviewed by the Court
(McQuarrie, 2015). Interest arbitration is one of the most widely used forms of collective
bargaining in practicality. In these procedures the arbitrator can decide on any or all of the terms
to a collective agreement which an employer and his employees are subject to. Interest

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arbitration differs from grievance arbitration to the extent that the purpose of one is settling on
terms of collective agreements while other is used for dispute resolution (McQuarrie, 2015).
Part C
In the given set of circumstances the employer (Write Way Stationary Company) may
use its bargaining power by alteration of employment terms that are not subject to any collective
agreement in force. If the collective agreements in force cover all terms of employment, the
employer can issue a notice to bargain under Section 49 (1) of the code that provides for review
or revision of a collective agreement (McQuarrie, 2015). This would initiate collective
bargaining and would put all terms currently existing under scrutiny. This can successfully act as
a deterrent or in this case as a pressure which the employer may use legally to subdue the
initiated proceedings. This would follow the steps enumerated in sections 48 to 50 of the Code
and would include serving of the notice and initiation of the bargaining process within 20 days
from the date of the notice (McQuarrie, 2015).

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Reference List
McQuarrie, F. (2015). Industrial relations in Canada.John Wiley & Sons.
McLaughlin, J., Hennebry, J., & Haines, T. (2014). Paper versus practice: occupational health
and safety protections and realities for temporary foreign agricultural workers in
Ontario. Perspectives interdisciplinairessur le travail et la santé, (16-2).
Hopt, K. J., & Steffek, F. (Eds.). (2013). Mediation: Principles and regulation in comparative
perspective. Oxford University Press.
Bibliography
Choudry, A., & Thomas, M. (2013). Labour struggles for workplace justice: Migrant and
immigrant worker organizing in Canada. Journal of industrial relations, 55(2), 212-226.
Ciuriak, D., & Curtis, J. M. (2013). The resurgence of industrial policy and what it means for
Canada.
Vosko, L. F., & Thomas, M. (2014). Confronting the employment standards enforcement gap:
Exploring the potential for union engagement with employment law in Ontario,
Canada. Journal of Industrial Relations, 56(5), 631-652.