Practice Area: Litigation

Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees

· 8 min read

In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.

Sunny J. Khaira

In his broad practice, Sunny has successfully represented clients in judicial review applications, wrongful dismissal claims and human rights applications. Sunny has an impressive record in both the private and public sectors. He is regularly successful obtaining dismissals or resolutions of numerous labour arbitration grievances, various proceedings before the Ontario Labour Relations Board, and many wrongful dismissal cases before the Ontario Superior Court of Justice.

Successfully argued that previously declared vexatious litigant had no grounds to bring an action against a college and other proposed defendants as such an action would be an abuse of process and an attempt to relitigate closed matters, and there were no reasonable grounds for the action.

Successfully argued that previously declared vexatious litigant had no grounds to bring an action against a college and other proposed defendants as such an action would be an abuse of process and an attempt to relitigate closed matters, and there were no reasonable grounds for the action.