Latest news with #labourrelations
CBC
11-06-2025
- CBC
2025 marks 100 years since William Davis was killed, sparking changes in coal mining
Coal mining communities are remembering William Davis on the 100th anniversary of his death. The father of 10 was killed on June 11, 1925, during a strike in Cape Breton over better wages and working conditions. His legacy inspired Miners' Memorial Day and ushered in a new era of Canadian labour relations policies. The CBC's Erin Pottie reports.
Zawya
10-06-2025
- Business
- Zawya
South Africa: Deeming provision, 'indefinite' employment does not mean 'permanent' employment
The South African labour market shifts constantly. To help businesses roll with the punches, temporary employment services (TES) providers are instrumental in connecting industries with flexible staffing solutions, and skilled job seekers with work. However, the 'deeming provision' contained in the Labour Relations Act (LRA) can introduce a layer of complexity to this relationship that often leads to misunderstandings and disputes. For companies considering engaging with a TES provider to benefit from workforce agility, a clear understanding of the deeming provision is essential. Image source: damedeeso – Unpacking the misconceptions - revealing the 'deemed' reality At the heart of the matter is section 198A of the Labour Relations Act. According to this provision, if a temporary employee is assigned to a client for longer than three months, and is not performing a genuinely temporary service, they are 'deemed' to be the employee of the client for the purposes of the LRA. It is this seemingly straightforward rule that has become the source of heated debate. The biggest misconception is usually that 'deemed employment' amounts to 'permanent employment', which is a fundamental misunderstanding. What happens after the three-month period passes is that the client and the TES provider become jointly and severally liable for labour matters, while the original triangular employment relationship persists. Where does this misunderstanding on 'deemed employment' come from? Several factors contribute, including the complexity of the legislation, a difference of interpretive opinion between employers and unions, and the lingering confusion between the concepts of 'indefinite' and 'permanent' employment. Building legal clarification through the Assign Services and Swissport rulings In the Assign Services judgment, it was confirmed that the deeming provision establishes a triangular relationship, without constituting a complete transfer of employment. After three months, the client assumes joint liability, but does not replace the TES provider as the primary employer. Then, in, GIWUSA obo Mgdezi & Others vs Swissport & Workforce Staffing, the Commission for Conciliation, Mediation and Arbitration delivered much-needed insight into the 'equal treatment' aspect of the deeming provision. According to this principle, temporary employees who are deemed to be employees of the client after three months must be treated fairly and comparably to the client's permanent employees, particularly in terms of their employment conditions. However, the Swissport ruling emphasised the need for a legitimate comparator when assessing equal treatment and doubled down on the distinction between indefinite and permanent employment, pointing out that deemed indefinitely employed does equate to permanent status. Operational impacts - what businesses need to know The deeming provision brings it home for businesses. After three months, clients become accountable for labour relations matters, including dismissals and unfair labour practices. This increased accountability is designed to ensure fair treatment and protect vulnerable temporary employees from exploitation. Essentially, this provision takes a strong stance on the promotion of ethical employment practices, by preventing the indefinite use of temporary labour without taking on the employment responsibilities. It also encourages clients to actively engage in labour relations on their job sites, contributing to a more equitable working environment. However, challenges with this provision remain. Complexity of interpretation, enforcement issues, and the need for ongoing education on its implications persist. Where businesses seek workforce agility that solves more problems than it creates, partnering with credible, compliant TES providers is the way to go. These professionals have the experience and expertise to understand, apply and manage the impact of the deeming provision on the three-way working relationship. The final word on the deeming provision For business leaders trying to iron out the complexities of temporary staffing and separate fact from fiction, it is important to remember the following truths about the deeming provision: - 'Deemed' does not amount to 'permanent.' The client and TES provider share responsibility. - Joint and several liability arises after three months. Businesses must be prepared to address labour relations matters. - Partnering with a compliant TES provider must be a priority. This ensures labour law compliance and mitigates risks, while unlocking the benefits of flexibility. - The provision protects vulnerable employees. Businesses must uphold fair treatment standards. - Differentiate between indefinite and permanent employment. Deemed indefinite employment does not confer permanent status. With a clear understanding of the LRA's deeming provision forming the foundation of a solid working partnership with a reputable TES provider, businesses can take full advantage of flexible staffing solutions, while participating in ethical employment practices and ensuring their labour law compliance. All rights reserved. © 2022. Provided by SyndiGate Media Inc. (
CBC
23-05-2025
- Health
- CBC
Public sector workers rally in Charlottetown for better support and against privatization
Dozens of people rallied in Charlottetown on Thursday to urge the province to better support public services and recognize the essential workers who maintain them. Many of the people gathered were public sector workers, who assembled outside the provincial government office on Rochford Street. The rally was organized by the Canadian Union of Public Employees (CUPE) P.E.I., which represents public sector workers in areas such as education, health care, municipalities and post-secondary education. "We have been asking for respect at the bargaining table for responses to questions and queries that we have for government to meaningfully invest in public services for ages and ages and ages and we have been ignored over and over and over again," said Ashley Clark, CUPE P.E.I. president. Clark said the rally was meant to send a message to the province that public services are not luxuries, but essential infrastructure that supports the well-being of entire communities. Services like health care and education, she added, are fundamental rights. "Those are the things that people rely on, that people need to live… and this government has consistently been showing that they would rather sell those off than do their jobs and invest in them and support them and allow them to thrive." Clark added that labour relations will be a central issue in the upcoming byelections in the province. "You need to value the people that live here, that work here. These are your constituents." Privatization concerns Clark said the union and its members have been trying to raise concerns with the province about the potential privatization of the public health system, and the province should instead focus on investing more in public services. Their primary concern centres around what Clark calls the "privatization playbook" — a systematic approach she believes is undermining public services. This strategy, she said, begins with starving sectors of resources through austerity and cutbacks, which can lead to public sector workers losing hours and wages. Then comes short staffing, causing systems to crumble. As services deteriorate, people become desperate, and that can create an opening for private sector intervention. "When a private company swoops in, arm's length from the government … they don't have to be accountable," she said. "They swoop in and they make profit off of the things that we need to survive." She added: "If the same service were offered in the public sector, any revenue would get reinvested in that system, would go back to worker wages, would go back to benefits, would go back to having properly resourced facilities and institutions." In a statement to CBC News, the province said it acknowledges the concerns raised by the union and values the important work public sector employees do across the province. "There is no plan to privatize public health services. Our focus remains on improving the services Islanders rely on, supporting frontline workers, and working together to build a stronger more resilient health-care system," the province said. CUPE P.E.I. isn't alone in its concerns. Other groups on the Island have raised alarms about health-care service privatization. The P.E.I. Union of Public Sector Employees has recently expressed concerns about a home-care program by Health P.E.I., which they say is an example of health-care privatization and seems to be millions of dollars over budget. Unaddressed issues in education Clark also pointed out that the union's members working in schools have been vocal about their challenges, with the government failing to address these issues. One of the most alarming concerns, she said, is the workplace violence in schools, where some educators are regularly subjected to physical and verbal abuse. "They're going to bargaining tables and being pushed into conciliation and binding arbitration because the government is not bringing fair wages to the table. They are not bringing improvements to the health and safety concerns that our members have every day in schools," she said.
National Post
22-05-2025
- Business
- National Post
CUPE: Canadian Hearing Services Comes to the Table but Refuses to Bargain - Making Demands but Offering No Deal as Strike Enters Fourth Week
Article content TORONTO — In the first day at the negotiating table in more than two weeks between Canadian Hearing Services (CHS) and CUPE 2073, there were zero proposals exchanged, and no bargaining to speak of. Article content Article content CHS came without a plan move forward, instead bringing list of demands to members, including an end to the public campaign that's seen dozens of current and former CHS clients share heart-wrenching stories of being let down by the agency. Through a government-appointed mediator, CHS indicated that they would only consider workers' latest proposal – or bring their own offer forward – if workers agreed to one-sided conditions: a media blackout and publication ban, the withdrawal of the Unfair Labour Practice that is now before the Ontario Labour Relations Board, and an end to outreach to Accreditation Canada that is encouraging the accreditation body to review CHS' appalling labour relations history. Article content 'They didn't come to the table to find a deal, that much is completely clear. It's heartbreaking to workers, who are struggling to make ends meet, and to the Deaf, deafblind, and hard of hearing community who are watching this strike drag on without access to the services they need to live their lives with autonomy and dignity,' said Mara Waern, an employment consultant with more than 35 years' experience at CHS and President of CUPE 2073, representing 206 CHS workers. 'We have been so moved by the outpouring of support from current and former clients who have come to our picket lines and spoken with the media, sharing stories of what CHS used to be and can be once more. It's not just workers that CHS management is trampling on right now. It's the very people they are meant to support.' Article content Along with the powerful testimonials that Deaf and hard of hearing Ontarians have shared with the media and on social media, hundreds of people have sent letters to the CHS Board of Directors while leading Deaf, disability rights, and labour organizations have signed an open letter to Accreditation Canada. Article content CHS' demands for a media blackout come just weeks before their largest annual fundraiser, a golf scholarship tournament. The fundraiser is another sore spot that highlights the change in direction under Dumanian. What used to be a worker-friendly event that was staffed by Deaf workers was transformed in Dumanian's first year, becoming an exclusive event that brings in tens of thousands of dollars – while cutting out any meaningful participation or representation from the Deaf community. Article content 'Nothing about us without us. That's been the slogan of disability rights for decades. But where is the Deaf representation at CHS or at this tournament?' expressed Jennifer Lynch, a Deaf settlement services counsellor at CHS and member of the CUPE 2073 bargaining team. 'They want to silence workers. They want to ignore Deaf people. We will not let either happen. It's time for the Board of Directors to get involved to set this right. It's time for every MPP, every Deaf ally, every resident of Ontario who cares about access and justice to help CHS correct their course.' Article content CUPE 2073 members have been on strike since April 28. The two sides last met on May 6. There are no dates to meet again and CHS has revoked their proposals, so there is no offer for workers to consider. CUPE 2073 remains focused on securing a two-year deal with a five per cent total wage increase to secure stability for workers and the people they support. Article content Article content Article content Article content Article content
National Post
20-05-2025
- Business
- National Post
CUPE files unfair labour practice, cites "surface bargaining" as cause of strike at Canadian Hearing Services
Article content TORONTO — In the normal course of bargaining, employers and unions exchange proposals and negotiate earnestly over weeks or months to find a middle ground. That is not what happened in the brief negotiations between Canadian Hearing Services (CHS) and CUPE 2073 – which broke down on April 28, resulting in what is now a four-week long strike. Article content Article content In a submission to the Ontario Labour Relations Board (OLRB) last week, lawyers for CUPE 2073 – the union representing 206 workers at CHS – contend that the agency violated six sections of the Labour Relations Act, 1995; this includes, among other things, bargaining by ultimatum, interfering with the union's ability to represent its members, and going through the legally mandated motions without any genuine intention of reaching a fair collective agreement. Article content 'They were only willing to bargain for two hours before filing for conciliation. Then they called for a No Board after four more hours and changed the terms of our contract the first day they could. That's not real bargaining, that's playing the system to push workers into a strike,' said Mara Waern, President of CUPE 2073 and an employment consultant with more than 30 years' experience at CHS. Article content The submission further argues that CHS' actions are not isolated incidents but form a calculated course of conduct aimed at breaking the union and allowing the agency to operate more like a business, and less like a community agency. CHS left workers on strike for more than 10 weeks in 2017 and they are showing the same lack of urgency to resolve the current labour disruption, having refused CUPE 2073's request to bring in a third-party mediator to help move things forward. Article content 'Every worker wants to return to our jobs under a fair and equitable collective agreement that meets our needs and invests in services for Deaf, deafblind, and hard of hearing Ontarians,' said Waern. 'An unfair labour practice is a legal tool, but this is not an abstract legal concern. Each day that we are left on strike, people who rely on us to fully participate in society are being abandoned. That means missed surgeries, bank appointments, and funerals. There are real world consequences to CHS' uncaring behaviour.' Article content As it stands, there is no offer on the table for workers to consider, and CHS has made no movement to bring new proposals forward. Article content 'This is part of a troubling trend, and it started at the top with Doug Ford steamrolling education workers with Bill 28. It's kept on going with the bosses at the Workplace Safety and Insurance Board just this month pulling the rug out from under workers, by terminating their collective agreement only days after they received their bargaining mandate from the province,' said Fred Hahn, President of CUPE Ontario. 'More and more employers are trying to undermine fair collective bargaining. But workers are pushing back, asserting our rights to have a say in our future while demanding the investments our communities deserve.' Article content CUPE's submission to the OLRB asks for an order indicating that CHS has not bargained in good faith – directing CHS to meet with CUPE 2073's bargaining committee for five full days of bargaining to resolve the strike, and compensate members for losses, damages, and expenses incurred as a result of CHS' unlawful conduct that prolonged the strike. Article content Article content Article content Article content Article content
