The practice area of construction labour lawyers is generally understood to include acting for and advising employers, organized labour and individual employees in grievance and arbitration proceedings under both federal and provincial legislation; representation before federal and provincial labour relations boards; negotiation of collective agreements in both the public and private sectors; strategic labour relations and workforce planning including downsizing; interest arbitration proceedings in the public sector; judicial review of labour arbitration and labour relations board decisions.
Please note that the Lexpert Directory has separate sections for:
Labour laws in Canada are collectively composed of federal labour laws which regulate certain sectors or federally regulated industries, and the provincial or territorial labour laws which covers all others which are not covered by the federal laws. At the federal level, the governing law is the Canada Labour Code.
The Canada Labour Code is the federal statute governing the rights and obligations of both the labourers and the employers. It specifically applies to federally regulated private sectors and public sectors, and private-sector firms and municipalities in the Canadian territories. The Code has four Parts:
Part I is more focused on labour relations – the relationship of trade unions and the employers, the rights of a union, the collective bargaining agreement, the conciliation procedure of labour disputes between employers and the labourers, and strikes and lockouts.
Part II provides for the health and safety standards which must be implemented in a workplace. It seeks to prevent any accident, harassment, injuries, and illnesses from happening (Section 122.1). This applies to employees and even to non-employees but present in the workplace.
As employers, they have the duty to inform employees of any occupational hazard, known or foreseeable to them. Thereafter, employers must provide for steps to provide protection and training regarding said the hazard to secure the employee’s health and safety.
Employees also has the right to refuse dangerous work (Section 128(1)), when they have reasonable cause to believe that an operation of a machine, or a condition, or a performance of an activity generally poses danger to the refusing employee or another employee. However, this right has exceptions, especially when the refusal puts another person in danger (Section 128(2)(a)), or when the risk of danger is a normal condition of employment (Section 128(2)(b)).
Part III of the Canadian Labour Code provides for the minimum labour standards and employment conditions which are mandatory rights afforded to all employees. It sets out regulations on the workers’ hours of work (Section 169), minimum wages (Section 178), annual vacations (Section 183), holidays (Section 191), and various types of leave (Division VII, Division VIII, Division XIII of Part III).
This Part of the Code also sets out the procedures for the termination of employment either by the employer or the employee (Divisions IX and X of Part III), and rights of an employee should there be unjust dismissal (Division XIV).
Lastly, Part IV of the Code entails the new Administrative Monetary Penalties system, imposing fines to employers who violates the said Code and its regulations.
Labor laws are mainly composed of two sub-parts – labour standards and labour relations. Where labour standards provide for the right of minimum statutory standards granted for labourers, on the other hand, labour relations govern the relationship of employers, its unionised employees, and the trade union. While labour standards may apply to both unionised and non-union employees (depending on state laws), the rights and privileges granted under labour relations may only apply to unionised employees.
The federal legislation which regulates the labour relations – also referred to as industrial relations – in Canada is primarily found in Part I of the Canada Labour Code. This Part of the Code established the Canada Industrial Relations Board; and provides for the employees’ rights on collective bargaining, its process, and interpretation.
The Canada Industrial Relations Board (CIRB) is the quasi-judicial tribunal mandated to promote industrial peace by providing means and procedures for mediation and arbitration on any labour or union dispute. They also have the power to certify trade unions, investigate complaints of unfair labour practice as defined by the Code, mediates labour disputes before it results to a strike or lockout, and arbitrates disputes submitted to it.
The Code describes how can a trade union be the bargaining agent of a unit in a workplace, to come up with the collective bargaining agreement with their employer. The Code also provides for the rights of a certified bargaining agent, such as the employer’s obligation to collectively bargain with the trade union, right to a strike or lockout subject to certain conditions on the part of the trade union, among others.
Canadian construction labour laws may be derived from the Canada Labour Law, and the provincial and territorial construction laws and labour laws. Its application may also depend on whether these workers are under the public sector, or the private sector.
There is also a need to determine the existence of an employer-employee relationship between the construction worker and the purported employer (the contractor, subcontractor, or any other agency or entity). Additionally, it must be coupled with the determination of whether such construction worker may be considered as regular employee or not. Hence, the rights and obligations of both the construction worker and the employer will depend upon these determinations.
The employment contract, subject to the laws on contracts, between the construction worker and the employer may also govern their relationship.
Construction labour lawyers may either represent the employers (construction companies, contractors, subcontracts), or the construction employees either as an individual (non-unionised) or collectively (trade unions of construction workers).
As for employers, construction labour lawyers advise clients on the labour laws and regulations that must be implemented, such as the minimum labour standards under the Canada Labour Code, and the provincial or territorial labour laws and construction laws.
On the part of construction employees, construction labour lawyers advise construction workers on their rights under labour laws and construction laws, and ways on enforcing these rights should a violation occur against them. For trade unions, construction labour lawyers guide construction workers in formally organising a trade union, how to comply with the application process, orienting them with their rights and obligations under the law (i.e., collective bargaining agreement), and the remedies granted to them (i.e., strikes, lockouts, arbitrations) for any variation of the same.
Employers and trade unions may proceed with ADR methods in resolving construction labour disputes, such as mediation or arbitration. These are important stipulations on their collective bargaining agreements and may be enforced with the help of construction labour lawyers.
When ADR methods fail, litigation may ensue between parties, and construction labour lawyers can either represent either the employer or the construction worker. However, under the principles of labour laws, this is the action of last resort, since it is favoured to resolve construction labour disputes pre-litigation, or even to prevent it from happening in the first place.
In need of assistance regarding employment relations, specifically to labour relations in the construction sector? Consult with the most recommended construction labour lawyers by heading down below to see those who are Lexpert Ranked.