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I was training for a job position. My employer sends us away for paid training for 2 months followed by onsite training before an employee is signed off. Paperwork is submitted to extend the probation period to allow for the length of this training. I was not doing well with the onsite training and my manager met with me to advise me they would be observing me for my next 4 shifts to decide if I would be dismissed. I was also advised to check in each day to let her know how I felt about the process. 2nd morning I met with her and agreed that I was not doing well and did not know how to improve my mistakes, but could not afford to resign. She said she could process it as a dismissal. I handed in my ID and we parted ways and I was removed from the schedule. Next day she advised me that HR would not allow her to dismiss me and I would need to resign. I asked why and was told they made an error and did not submit the paperwork to extend my probation period and therefore could not dismiss me. I asked for an alternative and was told to speak to my union. I did and explained the scenario to my union. They set up a meeting with my manager and HR for 3 weeks after the date I left. Their solution was to retroactive the extension paperwork for the extended probation period and to give me an ROE for dismissal during probation. HR refused. I was then told by HR and my union that I need to resign. I don't want to do that as I'd lose my entitlement to EI which I need until I can find another job as well as I am not the type to quit. They set another meeting for the following week. I spoke to Service Canada and they advised me to apply for EI before the 4 weeks was up. I did with an explanation of why I have no ROE. To date I still have unanswered phone messages, email requests with my union asking for a plan of representation and a copy of the collective agreement. I still do not have an ROE or my vacation pay. I do not know my rights but I called OLRB and was told I cannot be forced to resign...that it is effectively a dismissal. I'm hoping to receive advice on what to do as my union does not seem to be answering me.

Hello and thank you for your question.

Unfortunately, we are unable to represent you in this matter against your employer in light of the fact that you are represented by a union. If you feel your union is acting in a manner that is arbitrary, discriminatory or in bad faith, you may submit a duty of fair representation application to the Ontario Labour Relations Board.

If you have further questions regarding a duty of fair representation application, please contact us at the number below to discuss your matter further.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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