Can Union Employees Be Fired in Canada? Legal Rights, Exceptions & HR Insights (2025 Guide)
ST
Sarah Delorme
Market Insights
August 5, 2025
12 min read
This Blog Answers These Questions:
Can union employees be fired?
Can a union employee be fired?
Can a union employee be fired without warning?
Can an employee be fired during a strike?
What is an employee letter?
How to write a job letter for an employee?
What are union employee rights?
What happens after filing a grievance?
Can a union fire a worker?
How to terminate a union employee legally?
Introduction
In 2025, unionized workers in Canada still form a significant portion of the workforce—over 30% of all employees according to Statistics Canada. With rising layoffs, organizational restructuring, and new labor laws rolling out, one question pops up frequently: Can union employees be fired in Canada?
While union protection offers more job security than non-union roles, it does not make workers immune to termination. However, the rules, processes, and employee rights involved are vastly different. If you're in HR, a unionized employee, or a company navigating collective agreements, this guide breaks it all down—legally, practically, and respectfully.
Let’s explore how termination works under a union environment, when exceptions apply, and what protections you truly have.
A common misconception is that union workers cannot be fired. This is false. Collective agreements or union contracts do not forbid firing; rather, they establish clear procedures that must be followed before termination.
In Canada, firing a unionized employee requires:
Just cause — such as misconduct, repeated lateness, or insubordination
Following a progressive discipline process
Compliance with both labor laws and the collective agreement
It’s not a matter of if but how and when a union employee can be legally terminated.
What Constitutes Just Cause for Firing Union Employees?
To legally terminate a unionized employee, employers must prove just cause, which typically means:
The dismissal is proportional to the offense
Prior warnings or corrective steps were taken (except for very severe cases)
Consistency with how similar cases were handled in the past
Examples include:
Repeated safety violations
Theft or fraud
Chronic absenteeism
Employers must conduct a thorough workplace investigation, document all evidence, notify the union, and allow the employee to seek union representation.
Failing to follow these steps can lead to wrongful termination grievances, arbitration, or labor board complaints.
Can a Union Employee Be Fired Without Warning?
The question of firing without warning comes up often. The answer: rarely, and only for extreme misconduct, such as:
Workplace violence or threats
Theft or fraud
Severe harassment or discrimination
In almost all other cases, unions insist on a structured discipline path that includes:
Verbal warnings
Written notices
Suspensions
Finally, termination (if necessary)
This process protects both employee rights and employer accountability.
What About Strikes, Layoffs & Job Protection?
A frequent concern is: Can an employee be fired during a strike? Generally, no.
Canadian labor laws prohibit firing employees for participating in legal strikes. Employers who do so face penalties, including:
Sanctions from labor relations boards
Arbitration or court challenges
Orders for reinstatement with back pay
However, employees can be dismissed for misconduct during strikes, such as property damage or blocking entry.
What Happens After Termination of a Union Employee?
After termination, unionized workers have several avenues for recourse:
Filing a grievance through the union
Arbitration or labor board hearings
Potential reinstatement or financial compensation
Termination pay as defined by collective agreements (often different from non-union workers)
Additionally, employees may pursue constructive dismissal claims if their working conditions were significantly worsened without consent.
Essential Tips for HR and Employers Managing Unionized Staff
If you’re responsible for HR or management in a unionized environment, here’s a checklist to ensure legal compliance:
Review and understand the collective agreement
Maintain clear documentation of performance or conduct issues
Follow the progressive discipline process
Allow union representation during all disciplinary meetings
Ensure consistent application of policies across employees
Seek legal advice if uncertain
For official guidance, visit the Canadian Labour Relations Board or your provincial labor board.
Why Employee Letters and Documentation Matter
An important HR tool in union workplaces is the employee letter—used for:
Disciplinary warnings
Termination notices
Performance improvement plans
These letters must be:
Clear and professional
Shared with the union when applicable
Timely and consistent with previous actions
Learning how to write a job letter for an employee includes:
Including employee name and ID
Dates and facts of incidents
References to policies or agreements
Next steps or expectations
Contact information for HR
Neutral and factual tone is critical to avoid disputes.
Elevate Your Employee Benefits with GoKlaim
In addition to legal protections, offering competitive and flexible employee benefits is key to attracting and retaining talent in unionized workplaces.
GoKlaim provides a user-friendly health and wellness spending account platform designed for businesses of all sizes, including those with unionized staff. Features include:
Fully managed claims and payments
Flexible and customizable plans with no transaction fees
Mobile apps with biometric security and notifications
Support for dependents and multiple benefit categories
By partnering with GoKlaim, HR professionals can deliver seamless benefits experiences that align with employee needs and budgets.
Final Thoughts
So, can union employees be fired in Canada? The answer is yes—but only when done by the book. Employers must ensure transparency, fair process, and compliance with labour codes. For employees, knowing your rights and how to navigate the grievance process is key to defending your job.
Whether you’re managing staff or working in a union, it’s not just about having a contract—it’s about understanding it.
Yes. While unions offer job security, employers can fire union employees for just cause, such as misconduct, repeated violations, or serious breaches.
Can a union employee be fired?
Yes—if employers follow the process outlined in the collective agreement and labour law. A termination can be challenged through a grievance or arbitration.
Can a union employee be fired without warning?
Only in extreme cases such as violence, theft, or serious harassment. Most terminations require progressive discipline first.
Can an employee be fired during a strike?
Generally, no. Employees cannot be fired for participating in a legal strike. However, misconduct during a strike can be grounds for dismissal.
What is an employee letter?
It’s a formal communication from an employer to an employee, used for performance feedback, discipline, or termination notices.
How to write a job letter for an employee?
Include:
Employee name and ID
Date of incident(s)
Relevant facts and references
Expected behavior or next steps
HR contact details Always keep tone neutral and factual, especially in union environments.
What are union employee rights?
Unionized workers have:
The right to representation
Job security under a contract
Access to the grievance and arbitration process
Protection from unjust dismissal
What happens after filing a grievance?
The union and employer attempt to resolve the issue. If unresolved, it may escalate to arbitration where a neutral party decides the outcome.
Can a union fire a worker?
No, the union does not employ the worker. However, the union can refuse to support the grievance if the firing was justified.
