Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must share liability.

Question

Quizplus · Accepted Answer

When an employee establishes both a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, both the employer and the union are typically found liable. This is because the employer has violated the terms of the collective agreement, and the union has failed in its duty to represent the employee's interests fairly and adequately.

Where the Employee Has Established a Breach of the Collective