Expert: Timmy Chou - 1/22/2012

Question
I was terminated under accusations that are not covered under the collective agreement is there anything legally I can do to right this injustice? As well a "deal" was arranged between the union lawyer and the employer, just before arbitration, whereby I was re-instated, however forced to retire. Both the union and employer violated my labor rights, in my opinion. What can I do?

Answer
Hi Richard,

Unfortunately I am not a lawyer nor do I have experience in Canadian labor law I'm afraid.  However, typically in the U.S. your options would be to file a civil lawsuit or you may have some ability to file a grievance with the U.S. Dept. of Labor.  You would need to have some evidence of collusion or conspiracy and you would also need to be prepared to show that your case is unique and that others received different, more favorable treatment than you.  

A mediation may be helpful, but I doubt if the other side feels any obligation to mediate with you.

good luck!