Ghomeshi saga shows limits for union members (Guest Commentary)

Employees covered by collective agreement have limited rights, remedies in fighting terminations
By Stuart Rudner
|Canadian HR Reporter|Last Updated: 11/17/2014

The Jian Ghomeshi case raises a lot of different issues. From an employment viewpoint, it is a reminder that workers who are governed by a collective agreement have very limited rights and remedies when it comes to fighting a dismissal.

Many commentators, myself included, have publicly wondered about Ghomeshi’s decision to pursue the grievance process under his collective agreement while also filing a lawsuit in the civil courts. The law is clear that if a collective agreement applies, the employee cannot pursue a wrongful dismissal claim in court.