Unionized Employee in Calgary

Unionized Employee Lawyers in Calgary, AB

We understand that unionized employees can benefit from private legal advice and consultation. Not every union representative can be trusted to understand your unique situation, and properly represent your interests. It is important that unionized employees seek the right legal advice early in the process.

We are pleased to offer the following services to unionized employees:

• Confidential initial consultations
• Ongoing legal advice and direction regarding workplace investigations, disciplinary proceedings, and grievances
• Full grievance representation before administrative tribunals and in litigation proceedings
• Appeals of arbitration or labour board decisions.

What does a union employee lawyer do in Alberta?

In Alberta, unionized employee lawyers play a crucial role in protecting the rights and interests of workers who are members of a union. These lawyers are responsible for representing union members in a variety of legal matters, including those related to employment and labor laws.

One of the main responsibilities of a union employee lawyer in Alberta is to negotiate and enforce collective agreements between the union and the employer. This may include negotiating terms and conditions of employment, such as wages, benefits, and working conditions, as well as resolving disputes that may arise between the union and the employer.

Union employee lawyers in Alberta also provide legal representation for union members in cases of wrongful dismissal. Under Alberta’s Employment Standards Code, an employee can be considered wrongfully dismissed if they are terminated without just cause or if they are not given proper notice of termination. Union employee lawyers can help union members to pursue legal action against their employer in cases of wrongful dismissal, including filing a complaint with the Alberta Labour Relations Board or pursuing a civil lawsuit.

In addition to representing union members in cases of wrongful dismissal, union employee lawyers in Alberta also assist workers with other employment-related legal matters. This may include providing advice and representation in cases of discrimination, harassment, and workplace safety, as well as helping union members to understand and assert their legal rights in the workplace.

Can a unionized employee sue their employer in Alberta?

Union employee lawyers in Alberta are also able to sue their employer if they feel that their rights have been violated. Unionized employees are protected by the Alberta Labour Relations Code, which outlines the rights and responsibilities of both employers and employees. Union employee lawyers can help union members to understand and assert their rights under this code, including filing complaints and pursuing legal action if necessary.

It’s important to note that, in Alberta, unionized employees have a right to representation by their union and to have their grievances addressed through the collective bargaining process. However, if the issues cannot be resolved through the collective bargaining process, the union employee lawyer can take legal action on behalf of the employee, through the labour relations board or court.

In summary, unionized employee lawyers in Alberta play a vital role in protecting the rights and interests of workers who are members of a union. These lawyers are responsible for negotiating and enforcing collective agreements, representing union members in cases of wrongful dismissal, and assisting workers with other employment-related legal matters. Unionized employees have the right to representation by their union and can sue their employer if they feel that their rights have been violated.

Can a unionized employee be constructively dismissed in Alberta?

Yes, a unionized employee in Alberta can be constructively dismissed. Constructive dismissal refers to a situation where an employer makes significant changes to an employee’s job or working conditions, to the point where the employee is effectively forced to resign. This can include changes such as a significant reduction in pay, demotion, or a change in job duties that the employee is not able to perform.

In the case of a unionized employee, if an employer makes changes to the employee’s job or working conditions that the employee believes to be a constructive dismissal, the union employee lawyer can help the employee to file a grievance with the union. The union will then negotiate with the employer on the employee’s behalf to try to resolve the issue.

If the issue cannot be resolved through the collective bargaining process, the union employee lawyer can take legal action on behalf of the employee, through the labour relations board or court.

It’s important to note that, while a unionized employee may be constructively dismissed, the circumstances must be significant and substantial to be considered as such. It is also worth noting that not all changes in working conditions will be considered as constructive dismissal, but the union employee lawyer can help the employee to understand if they have a case and how to proceed.

Do union workers get severance pay in Alberta?

In Alberta, unionized employees may be entitled to severance pay upon termination of their employment, depending on the terms of their collective agreement and the specific circumstances of their dismissal.

Collective agreements between unions and employers often include provisions for severance pay in the event of layoffs or other forms of termination. The amount of severance pay that a unionized employee may be entitled to can vary depending on the terms of the collective agreement, the employee’s length of service, and the reason for their dismissal.

It’s important to note that, under Alberta’s Employment Standards Code, certain employees are entitled to severance pay regardless of whether or not they are covered by a collective agreement. For example, employees who have been employed for at least two years and are terminated without just cause are entitled to severance pay. The amount of severance pay that an employee may be entitled to is determined by the length of their service, with a maximum of 8 weeks of pay.

In the case of unionized employees, if an employer terminates the employee without cause and the collective agreement does not provide for severance pay, the employee may still be entitled to severance pay under the Employment Standards Code. The union employee lawyer can help the employee to understand their rights and how to pursue severance pay if they are entitled to it.

In summary, unionized employees in Alberta may be entitled to severance pay upon termination of their employment, depending on the terms of their collective agreement and the specific circumstances of their dismissal. The union employee lawyer can help the employee to understand their rights and how to pursue severance pay if they are entitled to it.

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At Taylor Janis LLP, we have the skills, knowledge, and expertise to handle all of your employment & labour law needs.

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• Content is meticulously researched and reviewed by our legal writers/proofers.
• Details are sourced from trusted legal sources like the Employment Standards Code.
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