Terminating a union employee in Ontario is fundamentally different from terminating non-union staff.
The collective agreement governs the process, grievance procedures provide extra protection, and arbitration can overturn your decision if you don't follow proper steps.
For managers and HR professionals in unionized workplaces, understanding these differences is crucial for protecting both your employees and your organization.
This guide outlines the essential steps and best practices for handling union employee terminations in a fair and legally compliant manner.
In unionized workplaces, three key differences change how terminations work:
The collective agreement rules: Your collective agreement, not just employment standards, governs termination procedures and employee rights.
Just cause is required: You generally can't terminate union employees without just cause, even with notice or pay. You must prove the termination is justified.
Grievance rights exist: If an employee believes their termination was unfair, the union can file a grievance that may go to arbitration.
An arbitrator can overturn your decision or order reinstatement.
Navigating union terminations requires deep knowledge of collective agreements and labour relations.
Our employee relations services provide hands-on support to help you handle these sensitive situations with clarity.
Just cause is the high legal standard required to terminate a union employee.
Arbitrators look at whether you have clear evidence that justifies termination as a proportionate response.
Even with a valid cause, improper process can result in overturned terminations. This is why following correct procedures is critical.
Before starting any termination, review your specific collective agreement thoroughly. Every agreement is different.
Missing these details can invalidate your entire process, no matter how justified the termination.
Strong documentation is your best protection in arbitration. Arbitrators decide based on evidence, not just what you say happened.
Avoid vague statements like "poor attitude." Use specific, objective examples of problematic behavior or performance failures.
Unless misconduct is extremely serious, arbitrators expect progressive discipline before termination. This shows you gave the employee reasonable chances to improve.
Your collective agreement may specify different steps or timelines; always follow those requirements.
You may move directly to termination for:
Even in these cases, proper investigation and documentation remain essential.
For serious misconduct allegations, a thorough investigation protects everyone's rights and your organization's interests.
Answer these key questions: What happened? When and where? Who was involved? Why did it happen? What evidence supports or refutes the allegations?
We know that complex workplace investigations require impartial handling and specialized skills.
That’s why our HR strategy team provides expert investigation support, ensuring thorough, fair processes that protect all parties.
Once you've determined termination is warranted and have followed all procedures, plan the meeting carefully.
Remember: The union rep will be taking notes. Everything you say may be repeated in a grievance hearing; we recommend checking out our guide on how to conduct a termination conversation.
The union may file a grievance challenging your termination decision. Understanding this process helps you prepare.
Most collective agreements have multiple steps:
Each step has strict timelines. Missing deadlines can dismiss grievances or deem them accepted.
An arbitrator can:
Arbitration is expensive and time-consuming, often taking months or years. Strong documentation and proper process significantly improve your chances of success.
Even probationary employees typically have some collective agreement protections. Review your specific agreement to understand what applies during probation.
Performance-based terminations require:
Performance terminations are harder to sustain than misconduct terminations because they're more subjective.
Distinguish between:
For non-culpable absences, you must show that the employee can't fulfill basic job obligations and that accommodation would create undue hardship.
Terminating for medical reasons involves human rights considerations. You must:
Accommodation and human rights issues definitely add complexity to terminations.
HR compliance expertise can help you navigate accommodation obligations, obtain appropriate medical information, and make defensible decisions that balance employee rights.
Build positive union relationships: Good working relationships with union leaders make difficult situations more manageable.
Train your managers: Frontline managers need training on collective agreement provisions, progressive discipline, and documentation requirements.
Be consistent: Apply rules and discipline fairly across all employees. Inconsistency undermines your credibility.
Communicate clearly: Ensure employees understand expectations, rules, and consequences.
Get expert help early: Don't wait until termination is imminent to involve labour relations expertise.
For best practices, fractional HR services can help you have consistent access to senior HR professionals who understand union environments, helping you strengthen manager capabilities.
Terminating a union employee in Ontario requires careful attention to collective agreement provisions, labour relations principles, and proper procedures.
While more complex than non-union terminations, following the right process protects both employee rights and your organization's interests.
The key to success is preparation: thorough documentation, proper investigation, progressive discipline, and strict adherence to collective agreement requirements.
Every termination affects people, the individual, their coworkers, and the workplace culture.
If you need guidance navigating union employee terminations, contact TROIS Collective today to discuss how our labour relations expertise can help you handle complex situations with confidence.
