The Basics
The Unjust Dismissal remedy under S. 240 of the Canada Labour Code provided a new remedy to federally regulated employees. It provides powerful relief for lost income, reinstatement and following…
Manager Exception
The term “manager” is not defined in the Code. Recent case law has offered this summary of principles to be used in the interpretation of this exclusionary term: The…
Twelve Consecutive Months
The Regulations passed under the Code define continuity of employment not to have been interrupted where the employee is absent from employment due to a lay-off which is not a…
Dependent Contractor
The issue of employee, dependent contractor and independent contractor was reviewed in a 2018 Federal Court decision. To make matters somewhat more confusing, there were two adjudicative hearings. The first…
Status to Bring the Claim
The statute allows a "person" to bring the complaint. The issue will be whether there is an employment relationship and secondly, whether the complainant is denied the right to bring…
Reasons for Termination
Employer’s Response re Reasons for Termination The company’s reply to the request for reasons for termination has been considered to be the equivalent of a statement of defence in civil…
The Canada Labour Code Remedy
The Statute The Canada Labour Code sets the qualifiers which are required for an Unjust Dismissal complaint by s. 240(1) of the Canada Labour Code. This requires, presuming federal…