Employment lawyer on PSAC strike and rights of non-union and union employees

Interview Summary

The ongoing PSAC strike across the country has drawn the attention of unionized and private-sector employees. The strike has also highlighted the differences between the two.

What could this strike mean for non-unionized employees hoping to continue remote work? Can unionized employees speak to an employment lawyer about their legal rights like private-sector employees?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke to Katie Griffin on CTV News about the ongoing strike. Lucifero breaks down the differing rights of employees and possible next steps.

Interview Notes

• Union vs. non-union employee rights: A collective bargaining agreement is considered to be the contract for all union employees and employers and covers all elements of employment rights. Unlike unionized employees, employment contracts are negotiated on an individual basis for non-unionized employees.
• Seeking legal advice: Unionized employees experiencing a dispute with their employer must speak to their union representatives and are unable to seek external legal advice. Non-unionized employees are able to seek legal advice from an employment lawyer of their choosing.
• Terminations for union and non-union employees: Unionized employees have much more job security than non-unionized workers. It is very difficult to terminate a unionized employee. In a non-unionized environment, employers are able to terminate an employee for any reason. Private sector employees must be paid severance, however, if terminated.