2. Will the Tribunal be able to appropriately address complaints on a timely basis? There is
a sizable body of labour relations and employment law and legal precedent. There are
many people who work in the labour relations field. Will they be retained to utilize their
skills and experience in presenting cases to the Tribunal?
3. How will the Tribunal, well skilled and accustomed to addressing matters of regulated
marketing and agricultural practice law, deal with the potential onslaught of labour
lawyers representing both sides in issues of dispute? To meet this new responsibility, the
Tribunal is required to expand its roster of members to include individuals capable of
hearing and assessing employment related complaints. Where will they come from, and
how will they be compensated?
As Bill 187 is debated and progresses through the process to Royal Assent, it seems clear that:
- agricultural employers must be proactive, and ensure that their current practices are fair
and reasonable;
- the role of the Tribunal is being fundamentally changed;
- agricultural employer / employee issues will soon involve third party intervention in ways
not previously experienced; and
- costs will increase.
It also seems clear that the legal arguments are not over. They may be fought in the courts as
the unions fight to have Bill 187 changed or strengthened to look more like the LRA, or the
arguments may, in due course, move to the Tribunal.
For employers, it all comes down to common sense, fair and honourable treatment of all
employees, and the provision of a safe and rewarding workplace. This is increasingly important
for farm businesses, as farm work becomes more sophisticated, and farm labour with the
necessary skills becomes increasingly difficult to find and retain.
The political posturing and legal arguments will continue. The real message for employers is “do
the right things, simply because they are the right things”, and Bill 187, or other applications of
labour laws and regulations to agricultural businesses, will not unduly impact the competitiveness
of your business.
Ignore the noise, and run your business like your employees really mattered to you, and your
competitiveness may well be enhanced!