Mackenzie Irwin with CTV News discusses CUPE strike and employee rights

Interview Summary

The Ontario government has passed legislation effectively making the current CUPE strike illegal in the province. What does this mean for workers’ rights regarding future bargaining and negotiations? What impact will this strike have on employees who are working parents?

Mackenzie Irwin, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP joined CTV News with Angie Seth to discuss the current situation and its impact on employee rights.

Interview Notes

• Bill 28 and the Notwithstanding clause: The provincial government has evoked the Notwithstanding clause to keep schools open in an unprecedented decision. This clause is not typically used in regard to collective bargaining.
• Employment laws regarding the ongoing strike: By invoking the Notwithstanding clause the strike has become illegal. Typically there are rules and mechanisms to continue bargaining and negotiations. There appears to be an impasse between the government and CUPE.
• Working parent’s concerns with school closures and strike: Many working parents across the province have childcare obligations and are likely affected by the strike. Employees should know that their employers have a duty to accommodate their childcare needs up until the point of undue hardship. The strike appears to be temporary so employees and employers should work together to work toward a compromise.
• Future negotiations between unions and government: This is an unprecedented situation that could impact future negotiations between unions and the provincial government.