Employment and Labour Law

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Potential remedies

In result of an unlawful strike, the remedies that an employer can take are; Grevience of arbritration, breach and a conciliator must be hired to settle the differences between the parties and to come to agreeable terms. “Applying for Declaration of unlawful strikes, filing damages claim alleging unfair labour practice under s.96 of the act and disciplining the workers on illegal strike." (Olivio, 2013)

(3) The Employer would like to bring an interim injunction to stop the picketing by the tutors and systems technicians;

Legal Arguments

For Union:

- “The legal system in Canada recognizes picketing as a constitutionally protected freedom of expression” (Olivio, 2013). Picketers let people through if they requested to enter the building with some information about the strike.

- The union engaged in primary picketing where striking workers set up picket lines outside property, which is permitted. It also falls under allied picketing, where the union demonstrates that a third party system technicians at Ex-cellent Tech had taken actions to directly assist by joining the picket lines while on duty.

- There were no legal actions taken if the picketing was considered illegal; contacting higher authority. To get interim injunction, the employer has to show that it had made reasonable efforts to get the police to stop the picketing. The employer did not make a motion to the Supreme Court of justice requesting an injunction, which must have been given two days notice to the union, under section 102(8) (b) of the Courts of justice Act.

For Employee:

- An assumption of damages of property and violent behavior were mentioned, as there were two reports of cars with paint scratches by keys anticipated by picketers.

- Many of these small to medium businesses are located in the office building where E-xcellent Learning is located, so this will not only affect the private college, but also anyone who uses this environment.

- Under section 101 and 102 of the Courts of Justice Act, the court has the power to order a union to stop picketing, or to order the union to picket a certain distance from the entrance.

- The other groups which are affected would be the tenants and clients /customers who use the same location where the picketing occurs. There were complaints by tenants who were clients of Ex-cellent Tech, complaining that there were loss of customers.

Legal Merits

Picketing is a form of freedom of expression in the legal system (Olivio, 2013). The employer can bring an interim injunction to stop the picketing by the tutors and system technicians as the union had picketed in an illegal manner. Picketing is restricted if it affects the public to go and come freely. The complaints by clients of loss of customers and the use of the same location causes disturbance to the tenants can lead to causing an injunction. Although the picketing allowed people to enter the building, it was assumed to cause damages to vehicles according to two verified reports. Furthermore, action by the police should have been taken in order to issue an interim injunction. Hence, it is proven that an interim injunction can be made by the employer as it was seen as an illegal strike.

Potential Remedies

As the picketing becomes illegal due to the legality of the strike, the court has power to force a union to end the picketing, or to order the union to picket a certain distance from the entrance. The tenants and clients /customers are affected by picketing sharing the same location where the picketing occurs causes harm to their business. The picketers should cover expenses caused by the damages to the economy and the employer should come to conclusions with the union. Both parties must agree to a collective agreement for the picketing to end and issuing an interim injunction.

References

- Olivio,L.& McKeracher, P.(2013). Negotiating a Collective Agreement. In Labour Relations: The Unionized Workplace. Toronto: Emond Montgomery Publications Ltd.

- Lomic P(2015) Chapter 4: Negotiating a Collecting Agreement (Class Powerpoints)