Certain types of disputes related to employment are protected by the Canadian Labour Board. In these cases, the parties involved are entitled to arbitration. The arbitrators will review both sides of the case and make a make a decision that is legally binding by both sides of the dispute. Let’s take a closer to look at the various reasons for employment arbitration appointments.
- Grievance. Arbitrators can be utilized in disputes between unions and employers. Misunderstandings in interpretation or implementation of agreements or employment law can create problems that result in work stoppage or other issues in the workplace. If the two parties cannot agree they are entitled to an arbitrator to hear the grievance and make a binding decision. The Federal Mediation and Conciliation Services of the Labour Program can help you understand the details.
- Unjust dismissal. Non-unionized workers have an opportunity to file a complaint with the Labour Board if they feel they have been unjustly dismissed from their job. If a complaint cannot be resolved by an inspector with the Labor Board then an adjudicator can be provided to hear the complaint and render a binding decision.
- Wage recovery. The Labour Board can assign referees to hear cases of wage recovery. Non-unionized workers can file a complaint against an employer who has not paid them their complete entitled wages. An inspector will issue a determination but either party can appeal and will be assigned a referee who will hear the case and provide a binding decision.