Ncr #2608607 V1 Labour Jurisdictions 2


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Ncr #2608607 V1 Labour Jurisdictions 2

  1. 1. Labour Jurisdiction Mapping Labour Relations
  2. 2. <ul><li>10% of workers in Canada fall under Federal Employment Standards </li></ul><ul><li>Canada Labour Code, Part III </li></ul><ul><li>Canada Labour Standards Act </li></ul>Federal Court of Appeal Supreme Court of Canada FEDERAL JURISDICTION Department of Labour Federally regulated business or industry Administrative Procedures for Complaints Banks, Marine, ferry, ports Air transportation, Railway, road First Nations activities Crown corporations and agencies Federal Construction Contracts Register Order in Federal Court, for non-payment of wages, etc. Canada Labour Standards Act Vacation, bereavement, compliance, wages, Holidays, hours of work Records, discipline, Sick leave, Parental Sexual harassment Termination Federal Mediation & Conciliation Service Provincial/ international borders Telephone, cable, Radio, television Grain/seed mills, Mining, Fisheries Private businesses operating to support Fed act operations Canada Industrial Relations Board (Investigation) Referee to hear Appeals
  3. 3. In grievance proceedings involving discipline, such as termination, the onus is on the employer to prove that the action taken was warranted. In such cases, the employer presents evidence first (performance reviews, personnel file, etc.) In cases of alleged disguised discipline, the burden of proof rests with the grievor. In grievances against a rejection on probation, the employer must show employment-related reasons for the rejection and the grievor must prove bad faith on the part of the employer. In rejection-on-probation grievances, the employer presents evidence first. In grievances involving the interpretation or application of the collective agreement or arbitral award, the grievor proceeds first. Federal Court Judicial Review Federal Public Service Public Service Labour Relations Act Public Service Staff Relations Act Public Service Employment Act Public Service Labour Relations Board Parliamentary Employment and Staff Relations Act Canadian Human Rights Act Public Service Staff Relations Board Canadian Human Rights Commission / Tribunal Mediation Services
  4. 4. PROVINCIAL JURISDICTION Ministry of Labour (Provincial) Human Rights Act Dispute Resolution Services Human Rights Tribunal of ON Ontario Labour Relations Board OLRB (unions, agreements) Labour Relations Act OH&S Act Employment Standards Act (ESA) Other legislations Common Law (wrongful dismissal) Ambulance, fire, hospital, schools Small business Environment Ontario Public Service Pay Equity Hearings Tribunal Workplace Safety & Insurance Board WSI Appeals Tribunal
  5. 5. Ontario Public Service Crown Employees Collective Bargaining Act Public Service Act Public Service Grievance Settlement Board (PSGB)