Employment lawyer on CUPE employee rights if strike is made illegal

Interview Summary

CUPE union employees currently on strike could face thousands of dollars in fines as the Ontario provincial government invokes the Notwithstanding clause as part of Bill 28. What could this mean for employee rights and bargaining between the government and unions? How will this situation impact employees with childcare obligations?

An Ottawa employment lawyer at Samfiru Tumarkin LLP joined Kristy Cameron on Newstalk 580 CFRA to answer these questions and more.

Interview Notes

• Worker’s rights as the strike are deemed illegal: The government has effectively removed employees’ rights, particularly in regards to going on strike. Employees that are facing fines cannot do anything to pursue their rights or challenge the fines as the legislation passed ensures strikes are considered illegal.
• Impact of strike on working parents: Employees with childcare obligations will likely be affected by the strike and have to make arrangements if their children’s schools are closed. Employers must accommodate an employee’s childcare obligations up until the point of undue hardship and cannot penalize their employees.
• Time limit to employer accommodations: There is no time limit on an employer’s accommodation requirements. Employers must accommodate an employee for as long as possible. This can mean allowing employees to change their shifts, work from home, bring their children to work, etc.