Discrimination for being on collective employment contract

Question

I read your earlier article, "Union pay talks - who benefits" which dealt with discrimination on the basis of Union membership.

I have been employed on an individual employment contract based on an expired collective employment contract since 1992. My Union has tried to negotiate a new collective contract since then, but without success. My employer recently advised me that, had I signed an individual employment contract back in 1992, my annual salary would now be $7000 more than it currently is.

I believe that there are other employees in my company who are receiving the additional $7000. My employer operates a HAY system and these employees are on the same salary step with the same performance factor as me. Is there any law prohibiting discrimination on the basis of being employed on a collective contract as opposed to an individual one?

Answer

No, the only prohibited grounds of discrimination in the Employment Contracts Act are colour, race, ethnic or national origin, sex, marital status, or religious or ethical belief, or involvement in the activities of an employees organisation (eg: a Union).

If, for any of these reasons, your employer refuses to offer you the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as other employees of the same or substantially similar qualifications, experience or skills employed in the same of substantially similar circumstances, then you can bring a personal grievance claim.

More on Employment Agreements

Employee trial periods	Can change pay frequency if properly managed
More on secret video cameras	Appeal Court decision on harsh and oppressive contracts
When is an employment relationship formed?	Employment contracts must be negotiated - they cannot just be presented
Employer can still be bound by oral agreements	Discrimination for being on collective employment contract
Common problems with employment agreements	Cannot limit remedies for personal grievances
Take care when preparing employment agreements	Cannot dismiss without reason even if written in agreement
Importance of disclosing correct employer	Can a collective employment contract negotiated with union members be applied to non union members?
Disputes resolution procedure must be included in staff agreement	Employee must disclose information at interview only if asked
Renegotiation of employment contract on sale of business	Cannot require all employees to apply for new positions
Expired contracts continue with same terms and conditions	What an offer of employment might look like

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