Unjust Dismissals

Six percent of Canadians that work in a federally regulated industry (i.e. banking, aerospace, telecommunications, etc.) are governed by the Canada Labour Code (“the Code”). The Code, unlike the laws of the province of Ontario, protect workers form “unjust dismissal”. To see if the Code applies to you, check Canada’s Federally Regulated Businesses and Industries guide.

If you are a not a federally regulated employee, then you are probably looking for information on wrongful dismissal, which is much different than “unjust dismissal”.

“Unjust dismissal” laws protect employees regulated by the Code, who are not in a union or in a management position, from being terminated without just cause (normally, Canadian workers can be let go for any reason). Accordingly, unlike the 94% of Canadians not covered by the Code, federally regulated employees cannot be fired unless they are guilty of serious misconduct (i.e. just cause) or if their position is legitimately no longer required (i.e. after the closure of a business). In other words, employees regulated by the Code have a right to keep their job, and this right is protected by the law of “unjust dismissal”.

In addition, the unjust dismissal provisions of the Code provide special relief to federally regulated employees not enjoyed by the rest of Canadian employees. Primarily, these federally regulated employees are actually entitled to get their job back, plus all back pay and other losses, if their claim for unjust dismissal is successful following a termination. As well, these federally regulated employees may sue for wrongful dismissal like the rest of Canadian employees.

In summary, a federally regulated employee, if fired without just cause or some other good reason, may make an unjust dismissal complaint to get his or her back, plus back pay, and sue for wrongful dismissal.

Dutton Employment Law is an unjust dismissal law firm.

If you are a federally regulated employee, and your employer has let you go without just cause, or with good reason (i.e. just cause or the closing of your department), but you suspect the good reason is misleading or wrong, contact a Toronto unjust dismissal lawyer today. A lawyer can advise if you should make a claim for unjust dismissal, and thereafter assist in the claim and the launching of a wrongful dismissal, as well.