Can a union worker be fired? This is something HR teams often deal with, especially when there are changes happening in the organization, performance issues to address, or disciplinary actions to consider.
In this article, we’ll break down the rules around firing unionized employees in Canada, go over what HR can and can’t do, and share some tips to steer clear of grievances and legal headaches.
We’ll also show you how TROIS Collective can help you navigate this tricky process while staying compliant and considerate.
Unionized workers in Canada have protections through collective agreements made between their union and their employer.
These agreements specify their rights, wages, benefits, and procedures for payroll, discipline, and handling complaints.
Junior HR members may not know that, unlike non-union workers, unionized employees cannot be fired at will.
Their job security depends on the rules in the collective agreement and overall labor laws like the Canada Labour Code or applicable provincial laws.
Yes, but only in certain situations.
Firing someone is never straightforward, especially for managers dealing with union workers; they need to handle it with extra care.
Here’s what you should keep in mind as an HR strategist:
1. There’s got to be a good reason
When firing a unionized employee, you must have a strong reason. This is important in labor law.
Some examples of what counts as a good reason are:
If you can’t show a good reason, the employee might be able to challenge the firing through a grievance process.
2. You need to use progressive discipline
Most collective agreements say you’ve got to follow a step-by-step approach before firing someone, unless it’s a really serious issue.
This usually looks like:
This process gives the employee a chance to improve.
If you skip any of these steps, it could lead to them getting their job back through arbitration.
HR management has procedures for a reason, and terminating a union worker follows the same rules.
Before making any decisions, review the collective agreement carefully.
It contains important information on discipline procedures, timelines, reasons for dismissal and union representation rights.
HR departments should collaborate with union stewards and legal counsel to ensure they follow the rules.
If you are moving toward a termination, it is essential to have thorough documentation.
This includes:
This documentation will help defend against any challenges from the union.
Even if the situation seems clear, conduct a proper internal investigation before taking action.
Interview witnesses, collect evidence, and allow the employee to respond to the allegations with effective internal communication.
At TROIS Collective, we help clients conduct fair and professional workplace investigations that follow labor laws and union agreements.
When terminating an employee, avoid these mistakes:
Union workers have the right to have someone with them during any meeting that could lead to discipline.
If you skip this step, the outcome may not count.
Canadian labor law does not support “at-will” firing for union workers.
Do not tell a union employee they’re being let go “just because.”
If your collective agreement is old, it may not reflect current practices.
HR teams should work with legal experts or services like TROIS Collective to ensure policies match current laws and workplace needs.
Even during layoffs, companies cannot dismiss unionized workers without following the rules.
Most agreements include “bumping rights,” allowing senior workers to take the jobs of less senior workers.
HR should:
Can a union worker be fired?
Yes, but only if there is a clear reason, documented proof, and a strict following of the collective agreement.
If you're unsure about your current HR strategy or dealing with a tough situation involving a union employee, TROIS Collective can help your team.
