Top 3 Videos Discussing Labour Law in Alberta

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S2 E17: What Is the Difference Between Labour Law and Employment Law?

In this video, Sarah Coderre, a lawyer and partner at Bow River Law LLP in Calgary, Alberta, explains the key differences between labour law and employment law.

Labour law applies to workplaces where employees are unionized. These employees have a collective bargaining agreement, which is negotiated by the union on their behalf. The union manages disputes related to compensation, scheduling, benefits, and other employment conditions. Unionized employees must resolve workplace issues through the union and typically cannot sue their employer directly. The main exception occurs when a collective bargaining agreement excludes human rights issues, in which case the employee may need independent legal representation.

Employment law, on the other hand, applies to non-unionized employees. These individuals have greater flexibility in handling workplace disputes, including the ability to take legal action against an employer without involving an intermediary. The remedies available to non-unionized employees differ significantly from those under labour law.

Sarah Coderre emphasizes the importance of determining whether an employee falls under a unionized or non-unionized framework, as this distinction impacts their legal rights and options for resolving disputes. Seeking legal counsel is recommended for employees uncertain about their classification or those dealing with workplace issues.

S2 E16: How Do I File a Complaint Under Labour Law?

In this next video, Joel Fairbrother, an employment lawyer and partner at Bow River Law, discusses the process of filing a complaint under labour law and the role of unions in resolving workplace disputes.

Labour law governs unionized workplaces, where employees are represented by a union. When a unionized employee experiences workplace issues—such as wage disputes, harassment, or unfair treatment—they typically must request their union to file a grievance on their behalf. If the union refuses or fails to act appropriately, employees may have the option to file a Duty of Fair Representation (DFR) complaint with the Alberta Labour Relations Board.

Mr. Fairbrother explains that the threshold for proving a DFR violation is high. Unions are not required to provide perfect representation, and mistakes or poor advice alone may not be sufficient grounds for a complaint. However, if a union acts in an arbitrary, discriminatory, or bad-faith manner, a DFR complaint may be warranted. These complaints must be filed within 90 days of the union’s failure to act.

The recommended approach for unionized employees is to work collaboratively with their union whenever possible. Filing a DFR complaint should be considered a last resort, as these claims are difficult to win. Seeking legal guidance can help employees assess whether their union has failed in its duty and explore available legal options.

S1 E12: What Can I Do If My Union Won’t Help Me?

In this final video of our spotlight on union and labour law in Alberta, Amanda Jacinto, an employment lawyer at Bow River Law, explains the obligations of unions and what employees can do if their union fails to provide assistance.

Unions have a Duty of Fair Representation (DFR), meaning they must represent all employees in the bargaining unit fairly and without discrimination. A union cannot allow personal bias, ill will, or arbitrary decision-making to influence its actions when handling a grievance. However, unions are not required to act perfectly—errors or poor decisions do not necessarily constitute a breach of their duty.

If a union fails to meet its obligations, employees have the right to file a DFR complaint with the relevant labour board. This complaint can request corrective actions, such as requiring the union to proceed with a grievance, extend grievance filing deadlines, or take the case to arbitration. In some cases, an employee may even be awarded damages.

Because DFR cases are fact-specific, Ms. Jacinto advises employees to consult an employment lawyer to determine whether their union has breached its obligations and explore possible legal remedies.

In Summary

Understanding the distinctions between labour law and employment law is essential for both unionized and non-unionized employees. Employees facing workplace disputes should be aware of their rights and the appropriate legal avenues available to them. Whether dealing with union representation issues, filing a complaint, or seeking legal action against an employer, obtaining professional legal advice can help navigate these complex situations effectively.

For legal guidance on employment or labour law matters in Alberta, consider reaching out to the team at Bow River Law LLP. Our experienced employment lawyers can assess your situation and provide tailored legal solutions. Need help? Contact our office to schedule a consultation.