Lost my job due to legislation

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May 12th, 2019 12:41 am

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May 2nd, 2019 4:11 pm

sumspace [OP]: Newbie; Feb 1, 2016; 6 posts; Markham, ON

May 2nd, 2019 4:11 pm

Lost my job due to legislation

Hello RFD,

I just recently lost what could have been a permanent position after almost 2 years of working on contract with a company (not through a temp).

I was informed that the candidate selected was part of the union with seniority, already employed elsewhere within the company and that they had a disability (not informed of what kind) which gave them priority selection due to legislation.

It being Canada, I'm sure there's a legislation somewhere that helps 'disabled' people with employment; but I could use some help in finding it, so could anyone provide a name for it?

And this might seem like a stretch, but isn't this kind of act incredibly discriminatory?

I've had no criticisms of my performance and was informed that I was a great employee, but because of this piece of legislation, I am literally back to square one on finding employment while someone that is already employed gets to literally take my job.

Thanks for any advice and looking forward to any sort of conversation.

11 replies

May 2nd, 2019 4:29 pm

Chickennbeans: Deal Addict; Jan 12, 2017; 1290 posts; 634 upvotes

May 2nd, 2019 4:29 pm

I doubt it was anything more than union seniority and they just don't want to go to bat for you.

+4

May 2nd, 2019 4:40 pm

fusion2k2k: Deal Addict; Apr 6, 2008; 1807 posts; 1152 upvotes

May 2nd, 2019 4:40 pm

A contract worker is exactly that, on contract. Union members almost always have crack at a full time position over a contract worker. This is not discrimination as it was written in writing - both your employment contract and in the union contract.

Normally when it comes to someone getting a "disability", the employer must make every provision to supply them with adequate provisions to otherwise stay employed. So if it means that a contract worker loses out so a disabled union member keeps their job, it'll happen. Check into the human rights code of Canada.

May 2nd, 2019 5:42 pm

CNeufeld: Deal Guru; Mar 23, 2008; 11890 posts; 8141 upvotes; Edmonton

May 2nd, 2019 5:42 pm

What the others said. You were a contract employee. The only person lower on the list than you were actual contractors (i.e. not employees).

However, a quick Google search for "canada employment disability priority" turns up gems that include terms like "Priority Entitlement", which leads to:
http://psacunion.ca/how-does-priority-system-work
https://www.canada.ca/en/public-service ... ation.html

It sucks, but unions in general suck (IMHO). Not sure how you think it's "discriminatory", though...

C

May 2nd, 2019 11:46 pm

adamtheman: Deal Fanatic; Dec 3, 2004; 5450 posts; 4319 upvotes; Edmonton

May 2nd, 2019 11:46 pm

It's called "Duty to Accommodate".

Assume you are a member of a union, let's say, a postal delivery worker, and you get injured physically and cannot deliver mail anymore. However, you can still do other jobs that Canada Post has (like, scheduling or customer support). The employer is required to basically give you that position over anyone else as long as you are qualified or can be trained to do it, unless it causes the employer undue hardship. For a big company (government or municipal) it is almost impossible to prove undue hardship.

May 3rd, 2019 1:05 am

arkane: Deal Addict; Aug 18, 2018; 1786 posts; 1367 upvotes; Bay Area

May 3rd, 2019 1:05 am

adamtheman wrote: ↑ It's called "Duty to Accommodate".

Assume you are a member of a union, let's say, a postal delivery worker, and you get injured physically and cannot deliver mail anymore. However, you can still do other jobs that Canada Post has (like, scheduling or customer support). The employer is required to basically give you that position over anyone else as long as you are qualified or can be trained to do it, unless it causes the employer undue hardship. For a big company (government or municipal) it is almost impossible to prove undue hardship.

We've been flooded with recent complaints that residents are consistently receiving their mail 3 days late.

May 3rd, 2019 8:37 pm

Jruuu: Sr. Member; Jun 13, 2009; 780 posts; 492 upvotes; Toronto

May 3rd, 2019 8:37 pm

Since you were given good reviews and it sounds like you had to leave for reasons beyond your control, I suggest you keep in touch with your supervisor/management staff. Ask them to keep you in mind if something comes up, or if they know of any other managers in the company who might be looking for someone. They are more likely to hire someone back whom they already know. I will say more so in the public sector. It usually takes forever to run an employment process, so they are usually more than happy to hire someone back who was recommended via a casual contract, or some other way which doesn't require a formal employment process.

May 3rd, 2019 9:22 pm

motomondo: Deal Addict; Mar 7, 2007; 4105 posts; 1600 upvotes

May 3rd, 2019 9:22 pm

Union vs. contractor? Union wins.

Anyway, what about the Tenure Limits for contractors? Perhaps they let you go simply because the 2 years on contract.

May 3rd, 2019 9:42 pm

at1212b: Deal Guru; Mar 31, 2008; 11636 posts; 2141 upvotes; Toronto

May 3rd, 2019 9:42 pm

Sorry bud. If you had been permanent, I'm sure you would have gladly kicked out a contract worker for a role you wanted. Sucks to be on the other side. Union rules. Can't do anything about it.

+6

May 5th, 2019 12:35 am

peli33: Deal Addict; Jan 29, 2017; 2613 posts; 1741 upvotes

May 5th, 2019 12:35 am

Is your company subject to Employment Equity Act?

May 6th, 2019 10:46 pm

skeet50: Deal Addict; Jan 15, 2017; 3751 posts; 3157 upvotes

May 6th, 2019 10:46 pm

The legislation that you are seeking may be the [i]Employment Equity Act[/i]. It basically allows employers and organizations that are subject to federal legislation to proactively engage in practices to increase their employee representation in designated groups. So if the employer can demonstrate that it has an under representation in say people with disabilities, it can, as a condition of employment, hire people who identify as being disabled to meet that gap.

However, in your case you have 2 issues: the first being the union hiring practice of seniority. In a lot of work places seniority trumps merit so much so that you know who is going to get a job by reading the seniority list. The second issue being the disability gap and the need for the employer to fill that gap. Your employer should have advertised though that it may chose to hire based on employment equity considerations.

May 12th, 2019 12:41 am

ausername: Member; May 2, 2014; 300 posts; 85 upvotes; Toronto

May 12th, 2019 12:41 am

tough luck.. i have been in that same position. wish you the best.

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