Landmark UN complaint filed against federal government

United Nations labour agency to rule on whether feds neglected key labour conventions

BY Ronald Minken and Tejpreet (Tanya) Sambi 01 Aug. 2024

In a historic move, Canadian Federally Regulated Employers – Transportation and Communication (FETCO) has lodged a formal complaint against the Canadian federal government with the International Labour Organization (ILO), a United Nations labour agency. This complaint, a first of its kind, alleges that the Canadian government has failed to uphold essential labour conventions, marking a significant moment in Canadian labour relations.

FETCO, representing around 500,000 Canadian workers in unionized settings and regulated under the Canada Labour Code, has accused the federal government of neglecting key labour conventions. These include Convention 87 (Freedom of Association), Convention 98 (Right to Organize and Collective Bargaining), and Convention 144 (Tripartite Consultation).

According to FETCO President and CEO Derrick Hynes, the decision to file this complaint was not made lightly. “After trying to bring the government to a more balanced approach in the labour space for these last few years, we just felt like we were left with no other choice,” Hynes stated. The association argues that the government has repeatedly failed to engage in meaningful consultations with employers, particularly regarding significant legislative and regulatory changes that impact their interests.

Specific breaches alleged

The complaint highlights several key areas where the government has allegedly failed to consult effectively:

Bill C-3 (Paid Medical Leave): Implemented without adequate consultation, this bill mandates paid medical leave for employees, a move that FETCO claims substantially impacts federally regulated employers.
Bill C-58 (Prohibition on Replacement Workers): This bill, which seeks to prohibit the use of replacement workers during labour disputes, was also introduced without prior consultation with employer representatives. FETCO argues that this legislation could destabilize the collective bargaining framework and increase the incidence and duration of strikes.
International Submissions: FETCO points to instances where the government has made international submissions, such as those to the International Court of Justice and the International Labour Conference, without prior consultation with employer groups.

These actions, FETCO contends, represent a pattern of engaging with stakeholders merely as a formality, without genuine consideration of their perspectives.

FETCO’s complaint to the ILO is a significant escalation in its ongoing struggle with the federal government. By invoking Article 24 of the ILO Constitution, FETCO seeks a formal declaration that the government has breached its obligations under international labour standards. This could lead to recommendations for compliance and ongoing monitoring of the government’s adherence to these recommendations.

Broader implications for employers and labour relations

The outcome of this complaint could have far-reaching implications for labour relations in Canada. A ruling in favour of FETCO may compel the government to engage more deeply with employer groups in the future, ensuring that their voices are heard in the development of labour policies. This could lead to more balanced and effective legislation that considers the interests of both employers and employees.

Moreover, this case underscores the importance of meaningful consultation in the legislative process. Employers must remain vigilant and proactive in advocating for their interests, ensuring that their perspectives are not overlooked in policy discussions.

As this landmark case unfolds, it is crucial for employers to stay informed and prepared. The complexities of labour relations and the potential impact of new legislation require careful navigation and strategic planning. By staying informed and proactive, employers can better protect their interests and contribute to a more balanced and effective labour relations framework in Canada.

Ronald S. Minken is a senior lawyer and mediator at Minken Employment Lawyers, an employment law boutique in the Greater Toronto Area. Tejpreet (Tanya) Sambi is a lawyer at Minken Employment Lawyers.