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workplace law

THE QUESTION

I work for a hospital in a unionized role. I have a grievance against my employer and the union supposedly representing me is refusing to advance that grievance, telling me that it's not going to go anywhere so it's not worth their time and effort. Since the union is not taking the case forward, do I have any recourse in the courts?

THE ANSWER

No. If you are part of a union you cannot sue your employer in court, you must make use of the grievance procedures in the collective agreement. That said, unions have a duty of fair representation toward their members that prevents them from making decisions in bad faith, arbitrarily, or in a discriminatory manner about which grievances to pursue. You can file an administrative complaint against the union for its decision not to proceed with your grievance, but you cannot sue your employer or the union in court.

THE QUESTION

I have been sworn at and yelled at by my employer time and time again. I can't take it anymore. I honestly wake up in the morning and don't want to go to work because of my supervisor. I want to quit but I don't know if I'll be eligible to claim employment insurance benefits until I find other work. Recently, I recorded one of these insulting sessions with my supervisor. Do I have just cause to quit my job and possibly get unemployment benefits until I find another job, or even have some kind of court case?

THE ANSWER

If you are forced to quit, then it is not a true resignation. When your employer makes the job intolerable you can leave work, treat yourself as dismissed, and sue for severance while you look for another job. In order to show the job was intolerable, you need to convince a judge that no reasonable person could be expected to persevere in these circumstances. Ongoing abuse, harassment, and bullying can be good reasons to leave and sue, but the onus is on you to prove the environment was intolerable, and that is where your recording will be helpful. Unemployment benefits are available for employees who can show that they left work for a good reason, such as ongoing harassment and bullying, or even in a response to a demotion or pay cut.

Daniel A. Lublin is a partner at Whitten & Lublin, representing both employers and employees in workplace legal disputes.

E-mail: Dan@canadaemploymentlawyer.com Have a question about careers, labour law or management? Send it to our panel of experts: careerquestion@globeandmail.com Your name and address will be kept confidential.

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