Labour Law in Canada - Research Paper Example

? Labor Law in Canada What are the respective rights and obligations of employees, the union, and the employerin a situation such as this? Employees Employees regardless of their respective ranks in an organization, each has the privilege of enjoying the instituted systems and policies meant for their wellbeing. These encompass sound environment besides equal returns for the services they normally offer to the firm’s clientele. Conversely, this was not evident in this situation where the staff, besides receiving meagre wages, continued to work in dilapidated settings (Karabegovic, 2011). This prompted the staff to demand some privileges and pay increases via the union after seeing that the company was not even concerned. However, the management ignored them, hence using the union. Regarding leaving the employment, the employees should write a notice to the employer prior to the intended date; approximately three months, but in this scenario, the employer was the one meant to terminate their contracts. Besides, the staff have the mandate of ensuring high standards of hygiene in their working environment coupled with sound array of the firm’s merchandise (Karabegovic 2011). However, this was not attainable due to the premises floor dilapidation, which entailed a need for proper renovation. Union (UFCW, Local 401) Its obligations encompass adequate certification of workers coupled with collective bargaining of their wellbeing. Union normally negotiates for a pay increase which is evident in this situation after the staff were unable to compel both the executive and the firm to concede and accept their demands (Karabegovic 2011). Additionally, it also compels the employer to practise and adopt the necessary ethics in reciprocating to the staff’s grievances. This ensures satisfactory working atmosphere coupled with sound physical environment. Hence acting on the behalf of the workers besides indulging in politics in some incidents where same is warranted. Employer The employer has the mandate of ensuring sound physical working settings, which is not the case in this situation, hence making cleaning and merchandise arrangement impossible. Sound conditions emanate from effective renovation of the premises besides arbitrating wrangles among the staff, which would yield to health relations and ensure harmony (Karabegovic 2011). Additionally, the wrangles and inadequacies that the firm experiences, especially communication, might have emanated from the absence of proper training. Therefore, the employer and the executive ought to institute adequate policies, which would impart adequate knowledge to the staff. This is via shunning utilization of its own staff to train fellow peers regardless of the post that they hold. Since, these members of staff also require training due to their evidenced misconduct while dealing with their peers, for illustration, Williams. Prior to any terminations, the firm via its executive ought to have prepared notices meant to inform the staffs regarding the core reasons that prompted their intended discontinuations (Karabegovic 2011). This would be according to the dates stipulated by labour laws, which stipulates when one started working and the duration or alternatively using termination pay option. What are the critical issues to be decided by the board? Employees’ mode of termination was pathetic coupled with rudeness especially by the executives. For example, Williams who rather than sending notices to the staffs or summoning them before utilized the telephone in executing the advocated termination by the employer. The company did not even bother to address the workers regarding reasons, which prompted their terminations. In addition, the issue of meagre wages did demoralize the workers (Karabegovic 2011). Consequently, the employer should improve the staff’s both physical and invisible environment, which will enhance their morale and productivity. These encompass the Store 58’s floor and resolving of the evident wrangles amid the staffs. Which party bears the burden of proof and why? In this situation, the employer via the managerial body bears the burden of proof due to their witnessed misconduct. This is especially the manner in which the executive contacted terminations coupled with their rude remarks especially towards the employees (Karabegovic 2011). Additionally, the union is also against the employer’s malpractices regarding compromised working environment and absence of meaningful efforts by the executive in resolving the prevailing predicaments. It is also irrefutable that the staff had complained of meagre wages earlier, which the firm did not adhere to, but instead yielded to sackings in silence and thwarted the intended campaigns. This was evident from the varied testimonies presented by numerous staff, almost from the same store (58), which proved the firm was guilty and its actions compelled it to bear the burden of proof (Karabegovic 2011). What conditions would a union have to satisfy in order to become a certified bargaining agent for these employees? The intended union ought to have a majority support from the intended field of representation and apply to the labour board. Majority support emanates from the support of the employees where the board usually counts the signed cards to ensure the union has adequate support from the staff (Karabegovic 2011). Once satisfied by the support, it ascertains the bargaining unit from the place of work that eventually certifies the union. Finally, the union establishes collective agreement with the employer regarding terms and conditions regarding the employment (Karabegovic 2011). This aids the union in its operations especially when claiming certain responsibilities, which the employer has failed to accomplish or shun unnecessary interventions (Karabegovic 2011). What remedial power does the board have at its disposal in this situation? As for the certification supremacy on the side of the union, the stipulated statutes ensure that staff attains the necessary needs and not their wants. This is to ensure that it has exercised fairness for both parties involved instead of being harsh on one party. For illustration, the board might disregard some demands, which the firm has shown remarkable efforts in fulfilling, but on the occasion of the hearing are still pending. Briefly, in your opinion, did the employer engage in an unfair labour practice? Why? Yes, the employer failed to advise the executive adequately regarding the proper method of terminations despite being unsatisfied with the operations witnessed in store 58. Terminations entail two options - writing of notices to the staffs prior the intended day or communicated via termination pay (Karabegovic 2011). There were no application of these two options, but instead the executive resorted to using dubious means. These encompassed using the telephone to terminate workers and even having insignificant and confusing meetings to devise how to terminate workers coupled with rude remarks (Karabegovic 2011), for illustration, Williams, who via her conduct was almost insulting to the staffs she terminated, which was unprofessional. References Karabegovic, A., & Lammam, C. (2011). Celebrate workers by giving them more choice. Fraser Forum, 8-9. Read More