Special compensation payable where an employee suffers discrimination or dismissal because of union membership or union activity.
All termsUnion-related compensation is owed where an employee is discriminated against or dismissed for joining a union, resigning from one or participating in union activities. It sanctions violations of freedom of association and may not be less than a statutory multiple of the employee's wages.
Typical violations include requiring non-membership at hiring, demoting or underpaying unionised workers, and waves of dismissals following collective sign-ups. Where dismissal rests on union grounds, the employee may claim this compensation directly without filing a reinstatement action; if union grounds are established in a reinstatement case, the compensation is awarded regardless of whether the employee is reinstated.
In proving union-related motive, the temporal link between membership dates and dismissals, collective layoffs at the workplace and correspondence about the unionisation process are the decisive evidence.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
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