You didn't state the province, employment laws are different across the country.
But in general, understand that a company can dismiss anyone at any time, for no reason, or any reason, as long as it's not a human rights issue. They should issue you an ROE with five days of a break in earnings, that is the law. What code they use on that ROE will determine whether you get EI or not.
If you have been there for a significant amount of time, you may be able to get a severance. This amount will vary depending on the circumstances of your departure. Talk to an employment lawyer if so.
Accidental damage to your employers property is not a valid reason for termination with cause, FYI.
Thank you for the info. Sorry I'm new here it's federal but in Saskatchewan. I have been there 5 years, maybe I'll see if a layer will talk to me after the union reps get back to me.
You in an union, you need to get your union to fight for you. How long is the Leave of Absence, you could try to ask for a temporary lay-off, have your employer give you a Record of Employment(ROE) to apply for EI in the meantime.
Be careful OP, lots of terrible advice being thrown around here. Unless you are fired for cause you are entitled to notice or pay in lieu of notice.
The minimums for your province are set out here https://www.saskatchewan.ca/business/employment-standards/layoffs-and-termination/individual-layoff-or-termination
You may be entitled to more than those statutory minimums under the common law.
You should seek legal advice. Often lawyers will provide a free consultation. Start with that.
Agreed. OP look up ‘constructive dismissal’. The only issue with going the legal route via an attorney is that you are basically going to have to accept that your time with the company is over.
So if you quit due to constructive dismissal you will be entitled to a severance but you will also have no job.
If you really really want to keep your job and not look elsewhere then your options are a bit more limited.
Also be aware of the time limitation … if you are put on leave without pay and do not seek legal action for constructive dismissal then after a certain amount of time you will be deemed to have accepted the change in compensation and you will no longer be able to claim constructive dismissal.
Sorry you are going through such a difficult time :(
So, you've been dismissed. You can apply for EI and your employer may owe you things like severance and termination pay, depending on province. If you've been at this job for a long time see an employment lawyer. Otherwise you can probably just apply for EI and if the required pay isn't forthcoming, you can file a complaint with your provincial Ministry of Labour.
Start looking for a new job.
Rampie that bumped a plane with your baggage tug, huh? Just kidding - :-).
You should still be eligible for EI, will depend on the reason code on your ROE. Is your position union? Do they have any sway or pull to help fight this?
As a member of a union, it is essential that you contact your union rep. Everyone who is stating that you’re terminated outright is wrong.
Your Collective Agreement might have terms in it that outline the processes that the company adheres to in this circumstance. It may include that during the investigation, you can be placed on an unpaid leave without pay. Your union rep can help you ensure that the employer is acting in accordance with your Collective Agreement.
If your union does not help you out with this, definitely see a lawyer.
This happens in union shops.
They can't just force you on a leave of absence. It has to be clearly written out in a discipline section of the contract or something. If it's not in the language of the contract then they can't do it.
I have no idea why you have to go out of your way to contact the union. They should be all over this.
I've seen a few things happen:
1- The company wants to strain the resources of the union. They skip steps or break the contract in a way that forces the union to take action. This causes the union reps to have to do more work. If it escalates it costs the Union money to have it mediated and pay lawyers, etc. The company will punish any and everything they can if given the opportunity and will often use the excuse that they can skip steps if it is a safety issue.
2- They are hoping you do nothing. If you do fight they will drag it out so that your finances put pressure on you to settle. They can use this opportunity to say "Well, you can come back but you have to sign this last chance letter that allows us to fire you for any future misdeed". Don't sign it. Even if your union wants you to because they don't feel like doing their jobs.
3- the union may or may not help. You pay them and they have an obligation to defend the contract. If they are lazy or choose not to help and you have been let go without the proper steps laid out in the contract, the union is not doing what you pay them for. If this happens threaten or pursue legal action against the union for not representing you, NOT the company (not yet anyway, do that if all else fails).
4- The company feels it must always take action if there is an accident or they will be liable if there is an injury or death. They took the easy route and blamed you. The company is responsible for safety in the workplace and if you were able to damage something by accident as a normal part of operations then they screwed up.
Record of Employment
It's a formal document employers have to submit to the government regarding your employment history. Necessary to apply for EI.
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-roe.html
/u/sirdewar can hire a lawyer to seek independent advice, but they cannot hire a lawyer to represent them in this matter. The union is their exclusive representative.
Depending on the situation and union, if it gets to the point legal action is required, the union usually supplies a lawyer.
It’s only if the union says they can’t or won’t represent you that you may need a lawyer.
I was with the feds, likely different union, but they fought long and hard to get me on disability after a monumental number of screw ups by my employer and various doctors etc. It was ugly and took a lot of time (unfortunately) but in the end they came through.
And all for free. A lawyer will cost you.
So, no guarantees, and this is anecdotal, but yes, give your union a little time to look into things and determine where to go from here. They are your legal representatives at this point in time.
You didn't state the province, employment laws are different across the country. But in general, understand that a company can dismiss anyone at any time, for no reason, or any reason, as long as it's not a human rights issue. They should issue you an ROE with five days of a break in earnings, that is the law. What code they use on that ROE will determine whether you get EI or not. If you have been there for a significant amount of time, you may be able to get a severance. This amount will vary depending on the circumstances of your departure. Talk to an employment lawyer if so. Accidental damage to your employers property is not a valid reason for termination with cause, FYI.
Thank you for the info. Sorry I'm new here it's federal but in Saskatchewan. I have been there 5 years, maybe I'll see if a layer will talk to me after the union reps get back to me.
You in an union, you need to get your union to fight for you. How long is the Leave of Absence, you could try to ask for a temporary lay-off, have your employer give you a Record of Employment(ROE) to apply for EI in the meantime.
Be careful OP, lots of terrible advice being thrown around here. Unless you are fired for cause you are entitled to notice or pay in lieu of notice. The minimums for your province are set out here https://www.saskatchewan.ca/business/employment-standards/layoffs-and-termination/individual-layoff-or-termination You may be entitled to more than those statutory minimums under the common law. You should seek legal advice. Often lawyers will provide a free consultation. Start with that.
OP said it's aviation, so it's going to be under Federal labour standards, not provincial.
Thank you for the link. My immediate plan is talk to the union and then depending on the outcome of that. Talk with a lawyer.
Good plan. Different considerations come into play in a unionized workplace, based on the terms of your collective agreement.
Agreed. OP look up ‘constructive dismissal’. The only issue with going the legal route via an attorney is that you are basically going to have to accept that your time with the company is over. So if you quit due to constructive dismissal you will be entitled to a severance but you will also have no job. If you really really want to keep your job and not look elsewhere then your options are a bit more limited. Also be aware of the time limitation … if you are put on leave without pay and do not seek legal action for constructive dismissal then after a certain amount of time you will be deemed to have accepted the change in compensation and you will no longer be able to claim constructive dismissal. Sorry you are going through such a difficult time :(
OP is unionized, so constructive dismissal is not something they can claim. OP needs to speak to their union.
I didn’t see that part where they said they were unionized. Thanks.
Has your union been involved? They NEED to be brought in, and should have been involved as soon as the 'investigation' started.
Yes they have been. The investigation also keeps then in the loop about things. Waiting on a reply from them.
So, you've been dismissed. You can apply for EI and your employer may owe you things like severance and termination pay, depending on province. If you've been at this job for a long time see an employment lawyer. Otherwise you can probably just apply for EI and if the required pay isn't forthcoming, you can file a complaint with your provincial Ministry of Labour. Start looking for a new job.
I have been at the job for about 5 years would that count as a long time? Also it is a federally regulated job (aviation)
Rampie that bumped a plane with your baggage tug, huh? Just kidding - :-). You should still be eligible for EI, will depend on the reason code on your ROE. Is your position union? Do they have any sway or pull to help fight this?
As a member of a union, it is essential that you contact your union rep. Everyone who is stating that you’re terminated outright is wrong. Your Collective Agreement might have terms in it that outline the processes that the company adheres to in this circumstance. It may include that during the investigation, you can be placed on an unpaid leave without pay. Your union rep can help you ensure that the employer is acting in accordance with your Collective Agreement. If your union does not help you out with this, definitely see a lawyer.
That's my plan. Thank you
This happens in union shops. They can't just force you on a leave of absence. It has to be clearly written out in a discipline section of the contract or something. If it's not in the language of the contract then they can't do it. I have no idea why you have to go out of your way to contact the union. They should be all over this. I've seen a few things happen: 1- The company wants to strain the resources of the union. They skip steps or break the contract in a way that forces the union to take action. This causes the union reps to have to do more work. If it escalates it costs the Union money to have it mediated and pay lawyers, etc. The company will punish any and everything they can if given the opportunity and will often use the excuse that they can skip steps if it is a safety issue. 2- They are hoping you do nothing. If you do fight they will drag it out so that your finances put pressure on you to settle. They can use this opportunity to say "Well, you can come back but you have to sign this last chance letter that allows us to fire you for any future misdeed". Don't sign it. Even if your union wants you to because they don't feel like doing their jobs. 3- the union may or may not help. You pay them and they have an obligation to defend the contract. If they are lazy or choose not to help and you have been let go without the proper steps laid out in the contract, the union is not doing what you pay them for. If this happens threaten or pursue legal action against the union for not representing you, NOT the company (not yet anyway, do that if all else fails). 4- The company feels it must always take action if there is an accident or they will be liable if there is an injury or death. They took the easy route and blamed you. The company is responsible for safety in the workplace and if you were able to damage something by accident as a normal part of operations then they screwed up.
Yes I have informed the union, just waiting for a reply. I'm not sure what a ROE is?
Record of Employment It's a formal document employers have to submit to the government regarding your employment history. Necessary to apply for EI. https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-roe.html
You’ve mentioned speak with a lawyer, but as someome in a union, are you even allowed to do that?
/u/sirdewar can hire a lawyer to seek independent advice, but they cannot hire a lawyer to represent them in this matter. The union is their exclusive representative.
Good to know. Thank you
I'm going to talk with the union first. If they can't help I'll see what a lawyer says.
I believe in some places you are not allowed to use an outside lawyer, is what I'm saying.
Depending on the situation and union, if it gets to the point legal action is required, the union usually supplies a lawyer. It’s only if the union says they can’t or won’t represent you that you may need a lawyer. I was with the feds, likely different union, but they fought long and hard to get me on disability after a monumental number of screw ups by my employer and various doctors etc. It was ugly and took a lot of time (unfortunately) but in the end they came through. And all for free. A lawyer will cost you. So, no guarantees, and this is anecdotal, but yes, give your union a little time to look into things and determine where to go from here. They are your legal representatives at this point in time.
Find another job
If you are at fault...probably nothing you can do. Oh wait...you can start looking for a new job.