Federal Court: Unjust Dismissal Complaint for Without Cause Termination Requires Evidentiary Hearing

In a recent decision, Sigloy v. DHL Express (Canada) Ltd., the Federal Court overturned the decision of an adjudicator which had granted an employer’s preliminary objection and dismissed a complaint of unjust dismissal for lack of jurisdiction because the complainant had been dismissed without cause. At the adjudication, the employer objected to the unjust dismissal…

No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract

In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…

Dismissals Under the Canada Labour Code

In a recent decision, Atomic Energy of Canada Limited v. Wilson, the Federal Court considered the unjust dismissal provision of the Canada Labour Code (“Code”) and concluded that it does not prohibit federally regulated employers from conducting without cause dismissals. This decision arose out of an unjust dismissal complaint under section 240 of the Code….

Unjust Dismissal Complaints: Being Prepared from Start to Finish (Accredited)

Unjust dismissal complaints under the Canada Labour Code are unique. Although they involve some of the familiar trappings of labour arbitrations and court cases, the preliminary issues involved, process followed, and potential outcomes are different. It is crucial for in-house counsel to know how unjust dismissal complaints work in practice in order to develop the…

An Employment Contract, A Without Cause Termination and the Availability of “Unjust Dismissal” Protection

Klein and The Royal Canadian Mint, a recent adjudication award made under the Canada Labour Code, affirms the proposition that the unjust dismissal provisions do not protect all employees from termination without cause, particularly where such terminations are conducted in accordance with a binding employment contract. In this case, the complainant had signed an employment…