Can my employer fire me for union activity or trying to organize a union?

What the Law Says

The Canada Labour Code explicitly protects employees from being punished for union-related activities — including joining, forming, or supporting a union.

Section 8 of the Canada Labour Code makes it unlawful for an employer to dismiss, suspend, transfer, lay off, or otherwise discipline an employee because the employee has exercised rights under the Code — including the right to organize or join a union.

This protection applies from the very first moment an employee expresses interest in unionization, even before a union is certified. Employers must not interfere with, restrain, or coerce employees in the exercise of their legal labour rights.

Statutory Text

No employer shall dismiss, suspend, transfer, lay off or otherwise discipline an employee because the employee has, in accordance with this Part, exercised any right conferred thereby.

— Canada Labour Code, s. 8 — Protection against dismissal or discipline

What Courts Have Said

Courts have reinforced that anti-union retaliation violates fundamental labour rights — even when disguised as business decisions.

What to Do

Sources