Hamilton city workers reach tentative agreement: Rights for working parents

The City of Hamilton has reached a tentative agreement with the union representing more than 3,200 municipal workers — avoiding widespread service disruptions.

In a social media post on Aug. 18, the Canadian Union of Public Employees (CUPE) Local 5167 announced that a deal had been reached on a new contract.

pic.twitter.com/2lOJBK6gmd

— CUPE Local 5167 (@CUPELocal5167) August 19, 2023

Days before potential job action, Jay Hunter, the union’s president, said in a news release that what the City of Hamilton was offering “just [wasn’t] good enough.”

Both sides resumed negotiations on Aug. 18. If a tentative agreement wasn’t reached, CUPE 5167 was prepared to hit the picket lines at 12:01 a.m. ET on Aug. 21.

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Potential service disruptions

The City of Hamilton said a strike by CUPE Local 5167 would affect a variety of services, including:

• Child care and EarlyON child and family centres
• Parks and recreation programming
• Garbage and green bin collection (for some residents)
• Public health services
• Housing services
• Road, sidewalk, and traffic operations
• Water, wastewater, and stormwater

The full list of potential service disruptions can be found on the City’s website.

If thousands of municipal employees in Hamilton refuse to ratify the tentative agreement, it could have a significant impact on non-unionized workers in the city and surrounding areas.

For individuals with children, here are a few things that you need to be aware of.

Can I bring my kids to work during a strike?

In Ontario, non-unionized employees don’t have the right to bring their children to their workplace. You must receive permission from your employer.

As a short-term solution, your company might allow you to bring your kids to the office until you are able to find suitable child care during a strike.

Does my employer have to give me time to find adequate child care services during a strike?

The short answer is yes. Human rights legislation in Ontario protects non-unionized workers from discrimination on the basis of family status.

Your employer is legally obligated to accommodate your job duties when they clash with your responsibilities as a parent or caregiver to family members.

However, since strikes are temporary, it’s not particularly practical for employees to enrol their children in an alternative child care program for an unknown period of time.

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

Does my employer have to let me work remotely if I need to look after my kids during a strike?

In Ontario, employers have a duty to accommodate when a worker’s job responsibilities conflict with their obligations as a parent or caregiver to family members.

However, your company doesn’t have to accommodate you if the request creates undue hardship for the business.

Unless your employer can prove that letting you work remotely would cause undue hardship, it’s likely that you will be able to work from home or another location outside the office that allows you to care of your children during a strike.

SEE ALSO
• Employment lawyer on working remotely or being forced back to the office
• Rights to privacy while working from home
• Ontario proposes mass layoff changes for remote workers: The facts

Can my employer make changes to my job if I need to look after my kids during a strike?

In most cases, employers in Ontario can’t make substantial changes to a non-unionized worker’s job without the individual’s consent.

Exceptions: There are some situations where your boss might be able to alter the terms of your employment without breaching your rights:

• You signed an employment contract that gives the company permission to make changes
• Your employer gave you reasonable notice of any modifications

When significant adjustments are made to your job without your approval, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

LEARN MORE
• Employment Law Show: What to know about changes to your job
• Employment Law Show: 5 facts about employment contracts
• Employment Law Show: Things to never do before seeking legal counsel

How is severance pay calculated?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Should I negotiate my own severance package in Ontario?

Can my employer fire me if I need to work remotely to look after my kids during a strike?

Your employer can fire you for working remotely — even if you are doing so to take care of your children during a strike.

This is called a termination without cause. In Ontario, companies can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

What your boss can’t do in this situation is fire you for cause — meaning no severance package or access to Employment Insurance (EI) benefits.

This type of termination is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

If you are fired because you had to care for your children during a strike, the dismissal would be discriminatory on the basis of family status.

In addition to severance pay, it’s very likely that you would be able to file a human rights complaint with the Ontario Human Rights Commission.

Successful complaints can result in compensation for individuals who experienced discrimination.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back after I am fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.