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:
It’s not a matter of if but how and when a union employee can be legally terminated.
To legally terminate a unionized employee, employers must prove just cause, which typically means:
Examples include:
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.
The question of firing without warning comes up often. The answer: rarely, and only for extreme misconduct, such as:
In almost all other cases, unions insist on a structured discipline path that includes:
This process protects both employee rights and employer accountability.
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:
However, employees can be dismissed for misconduct during strikes, such as property damage or blocking entry.
After termination, unionized workers have several avenues for recourse:
Additionally, employees may pursue constructive dismissal claims if their working conditions were significantly worsened without consent.
If you’re responsible for HR or management in a unionized environment, here’s a checklist to ensure legal compliance:
For official guidance, visit the Canadian Labour Relations Board or your provincial labor board.
An important HR tool in union workplaces is the employee letter—used for:
These letters must be:
Learning how to write a job letter for an employee includes:
Neutral and factual tone is critical to avoid disputes.
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:
By partnering with GoKlaim, HR professionals can deliver seamless benefits experiences that align with employee needs and budgets.
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.
Book a Demo with GoKlaim Today to see how you can combine flexible benefits with consulting-grade precision.
Yes. While unions offer job security, employers can fire union employees for just cause, such as misconduct, repeated violations, or serious breaches.
Yes—if employers follow the process outlined in the collective agreement and labour law. A termination can be challenged through a grievance or arbitration.
Only in extreme cases such as violence, theft, or serious harassment. Most terminations require progressive discipline first.
Generally, no. Employees cannot be fired for participating in a legal strike. However, misconduct during a strike can be grounds for dismissal.
It’s a formal communication from an employer to an employee, used for performance feedback, discipline, or termination notices.
Include:
Unionized workers have:
The union and employer attempt to resolve the issue. If unresolved, it may escalate to arbitration where a neutral party decides the outcome.
No, the union does not employ the worker. However, the union can refuse to support the grievance if the firing was justified.
You must:
