Remedy of Reinstatement
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…
This section covers Unjust Dismissal under the Canada Labour Code, including commentary on case law, statutory interpretation, and remedies available to federally regulated employees. Explore the posts below for in-depth analysis and case summaries.
Just Cause Defence
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…
Termination without Cause
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…
Interpretative Principles
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…
Procedural Fairness
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…
The Process
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…
The Role of the Inspector – CIRB
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…
Settlement Agreement
Home › Index of Contents › Unjust Dismissal: Settlement: Remedy Still Alive Unjust Dismissal: Settlement: Remedy Still Alive The critical issue under review in this topic is a section of…
Other Means of Redress
Home › Index of Contents › Unjust Dismissal: Other Statutory Remedies Available Unjust Dismissal: Other Statutory Remedies Available The Statute The Code denies the right to a hearing where “any…
Termination
Home › Index of Contents › Unjust Dismissal: Termination: Fixed Term: Resignation Unjust Dismissal: Termination: Fixed Term: Resignation Fixed Term Contract One issue that has arisen is whether the existence…