Add Comment Question: I am writing to request your legal advice and, if appropriate, your representation regarding a complex employment dispute involving my dismissal from a federally regulated employer, an extraordinary delay in labour arbitration, and serious concerns regarding my union's representation. I was employed by federal company in Toronto as a qualified electrician from October 2018 until December 23, 2023. On December 23, 2023, I was removed from the workplace and subsequently dismissed for alleged insubordination. I strongly deny this allegation and maintain that my dismissal was unjustified and without just cause. The relevant facts are as follows. On the afternoon of December 23, 2023, at approximately 12:00 p.m., the Senior Manager attempted to contact me by telephone. At that time, I was attending Friday prayers at a mosque, and my cellular phone remained in my vehicle. Consequently, I did not receive his call. He attempted to contact me again at approximately 3:00 p.m. At that time, I was asleep in preparation for my permanent night shift, which was scheduled to begin at 9:00 p.m. Since I was off duty, I understood that I had no obligation to answer work-related telephone calls during my personal time. Shortly before the beginning of my shift, at approximately 8:50 p.m., my supervisor informed me that the Senior Manager wished to speak with me by telephone. Based on previous experiences, I requested the presence of my union representative before participating in any discussion with management. I wanted a union representative present as a witness to ensure that the conversation would be fairly conducted and accurately documented. Rather than arranging for union representation, the Senior Manager instructed my supervisor to remove me immediately from the workplace. I was then accused of insubordination. I later learned that the purpose of the earlier telephone calls was to request that I change my work shift. It is my understanding that, under the applicable collective agreement, requests to change an employee's scheduled shift must follow the procedures established between the employer and the union. To the best of my knowledge, such requests are normally required to be made in writing and approved by the parties concerned. In these circumstances, I do not believe that failing to answer personal telephone calls while off duty can reasonably constitute insubordination. I also believe that my dismissal occurred within a broader context. Prior to these events, Human Resources had expressed an interest in appointing me to a vacant management position. That opportunity did not materialize, and I believe that my dismissal may have been influenced by considerations unrelated to the allegation of insubordination. While I recognize that this issue remains disputed, I believe it is relevant to the overall context of my case and warrants careful legal examination. Following my dismissal, my union filed a grievance and ultimately decided to proceed to labour arbitration. Unfortunately, nearly three years have now elapsed without an arbitration hearing being scheduled. According to the information provided by my union representatives, repeated requests have been made to the employer to schedule arbitration dates; however, the employer has allegedly failed to respond or cooperate in moving the matter forward. This extraordinary delay has caused me severe financial hardship, significant damage to my professional reputation, emotional distress, and prolonged uncertainty regarding my career and future. I am also seriously concerned about the quality of the representation I have received from my union throughout this process. I question whether my interests have been represented with the diligence, independence, competence, and commitment required under the union's statutory Duty of Fair Representation. Given these circumstances, I respectfully seek your legal opinion regarding: whether my dismissal complied with the requirements of the Canada Labour Code; whether my employer had lawful grounds to dismiss me for alleged insubordination under these circumstances; the legal implications of the nearly three-year delay in proceeding to arbitration; whether my union has fulfilled its statutory Duty of Fair Representation; whether additional legal remedies may be available against the employer, the union, or both; and whether any of my rights under federal labour legislation, human rights legislation, or other applicable laws may have been violated. I would greatly appreciate the opportunity to meet with you to review my case and obtain independent legal advice. I am able to provide all relevant documentation, including my dismissal letter, grievance file, collective agreement, correspondence with the union, disciplinary documents, witness information, and any additional evidence necessary to assess my case. Given the significant delay, the continuing prejudice that I have suffered, and the complexity of this matter, I respectfully request your earliest possible consideration. I am seeking experienced legal counsel to ensure that my legal rights are fully protected and that all available remedies are properly pursued. Thank you for your time and consideration. I look forward to your response. Yours sincerely, Answer: Unfortunately we are generally unable to assist unionized employees as we do not handle duty of fair representation matters at the labour board. The only matter that we would permitted to act for you on is potentially the human rights matter, if not previously adjudicated. If you would like to explore whether we can assist you with the human rights matter, please contact us at the number below. However, please note there is no guarantee that we will be able to assist you with that aspect of your situation either. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.