"If this discussion could in anyway lead to my being disciplined or terminated or cause an effect on my personal working conditions, I respectfully request that my union representative be present at this meeting. Without representation present, I choose not to participate in this discussion."
If you are unsure about a conversation you have had with your supervisor, or you have been asked to participate in a discussion with management about your work performance, contact a Shop Steward, Board Member or Union Office.
Under the Occupational Health and Safety Act, section 43(3), an Employee may refuse work where he or she has reason to believe that there is a danger to health or safety.
| (3) | A worker may refuse to work or do particular work where he or she has reason to believe that, |
| (a) | any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; |
| (b) | the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; |
| (b.1) | workplace violence is likely to endanger himself or herself; or |
| (c) | any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2). |
| (4) | Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker’s employer or supervisor who shall forthwith investigate the report in the presence of the worker…” |
For more information, contact your Shop Steward or Executive Board Member.
You can also find more information about Health and Safety by logging into the Members Section.
At some point, every employee will be unable to attend work. This may be because you are sick or for other reasons. You have different benefit entitlements, rights and obligations depending on the nature of your absence.
It is important to know your rights!
If you are sick and unable to work, you may be eligible for Short Term Disability under Article B6 of the Collective Agreement.
The Employer cannot discipline you for being sick!
However, you must comply with the Collective Agreement requirements for a Medical Certificate.
If you are unable to work because of an injury or death of a close relative, certain emergencies, or other urgent matters, you have the right to take up to 10 days of job-protected leave each calendar year due to. This is known as Personal Emergency Leave. The Employer cannot discipline you for taking Personal Emergency Leave, but you must notify the employer and provide reasonable documentation in support of the absence. Further details regarding Personal Emergency Leave can be found on the Ontario Government Website.
If you are unable to work for another reason, you may be entitled to a leave of absence. However, such a leave of absence should be requested and approved by the Employer. Failing to request a leave of absence or failing to attend work where the absence isn’t covered by illness or Personal Emergency Leave can result in discipline. You should contact your Union Representative prior to making any request for a leave of absence to discuss your rights and obligations.
If you have any questions about absences from work, please contact your Steward, Board Member, or the Union Office at 416-695-3896 or contactus@atu1587.ca.
If you are told to remain at work following your shift due to fit-for-duty testing, whether it is post-incident or otherwise, please note that you are being forced to work overtime and as such you are entitled to 1 ¾ times your regular earnings.
Please contact your board member or shop-steward immediately should you have any issues with management or are unable to submit for your correct pay.