Remedy in Lieu of Reinstatement
Future Loss The question arises as to what compensation, if any, should be ordered where reinstatement has been denied. The Federal Court of Appeal in its 2023 decision noted that…
Harris on Canadian Employment Law
Future Loss The question arises as to what compensation, if any, should be ordered where reinstatement has been denied. The Federal Court of Appeal in its 2023 decision noted that…
Home › Index of Contents › Unjust Dismissal: Remedy: Lost Income Unjust Dismissal: Remedy: Lost Income The principle of assessing such a loss is not based on wrongful dismissal concepts.…
Home › Index of Contents › Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review The principled review is discussed above. Review Both Sides The issue of…
Home › Index of Contents › Unjust Dismissal: Remedy: Reinstatement Unjust Dismissal: Remedy: Reinstatement Remedies The broad purpose of the remedy is one intended to place the innocent party into…
Home › Index of Contents › Unjust Dismissal: Defence: Just Cause Unjust Dismissal: Defence: Just Cause Not Common Law Test The definition of just cause is not one which follows…
Home › Index of Contents › Unjust Dismissal: Universal Application: Termination Without Cause Unjust Dismissal: Universal Application: Termination Without Cause The Supreme Court of Canada in its 2011 decision in…
Home › Index of Contents › Unjust Dismissal: Statutory Process: Principles of Interpretation Unjust Dismissal: Statutory Process: Principles of Interpretation The Supreme Court of Canada noted that by s. 12…
Home › Index of Contents › Unjust Dismissal: Statutory Process: Procedural Fairness Unjust Dismissal: Statutory Process: Procedural Fairness Often objections are made that the first hearing lacked procedural fairness. This…
Home › Index of Contents › Unjust Dismissal: Statutory Process Unjust Dismissal: Statutory Process The onus of proof to show the requisite components of the Code to allow for a…
Home › Index of Contents › Unjust Dismissal: Role of the Inspector – Canadian Industrial Review Board Unjust Dismissal: Role of the Inspector – Canadian Industrial Review Board The Federal Court of…