Employees in a Union – What Can You Do if Your LTD is Cut Off?

Sep 19, 2017

We are often contacted by unionized employees who have questions about their rights and the obligations of their union. For general information for unionized employees see here.

Recently, the Court of Appeal issued an important case that affects unionized employees who are off work because of a disability.

The Case

Barber v. The Manufacturers Life Insurance Company addressed the problem that many unionized employees face: they are not allowed to bring a lawsuit about concerns covered by the collective agreement.

Many years of court decisions, including from the Supreme Court of Canada, have held that because unionized employees have the grievance and labour arbitration process they cannot bring a civil action in court.  They can only bring lawsuits about concerns not raised in the collective agreement.  This could include defamation or intentional infliction of mental suffering – in some circumstances.

Barber was a unionized police constable.  She became disabled and applied for long-term disability benefits (LTD). Manulife, her LTD insurer cut off Barber’s benefits and she filed a lawsuit against Manulife. As a police constable, she was a unionized employee and her collective agreement required her employer to offer disability insurance coverage to the union members. Manulife brought a motion to strike her legal claim.

The Court of Appeal held that because the collective agreement covered disability benefits, Barber could only proceed through the grievance and labour arbitration process, not the courts.

Lessons

Employees who are members of a union and part of a collective bargaining unit have limited rights.  If you are unionized and experiencing mistreatment from your employer it is important to seek legal advice.  Even if an employment lawyer cannot bring a lawsuit for you, there may be other legal options available, such as the Human Rights Tribunal. We also have had many clients who gain a better understanding of their rights and the obligations of their employer and union by coming in for a one-hour consultation. Armed with this information, employees can better assert themselves with their union and get better representation.

If you have any questions about your rights as an employee in a union, or if you are receiving LTD and have questions about human rights please contact us at [email protected] or 647-204-8107 and one of our lawyers would be happy to assist you.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.

k

Recent Posts

Short service, long notice

Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination. As we have written before, we have seen a trend of longer notice periods being awarded to employees in...

read more

Toronto Office

702 - 2 Bloor Street West,
Toronto, ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue,
Barrie, ON L4N 9J2

Collingwood Office

220 - 1 First Street
Collingwood, ON
L9Y 1A1

Contact

Phone

+1 (888) 640-1728

Fax

(866) 883-8445

Email

[email protected]

Toronto Office

702 - 2 Bloor Street West, Toronto ON M4W 3E2

Barrie Office

277 - 92 Caplan Avenue, Barrie ON L4N 9J2

Collingwood Office

220 - 1 First Street, Collingwood, ON L9Y 1A1

Translate

Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!