Federal Court of Appeal 2023 This question was reviewed by the Federal Court of Appeal in 2023. The employer had argued that the dismissal fit within the excepting words of the Code as the employee had been terminated due
As noted above, the Code provides exceptions to the right of the employee to file an unjust dismissal complaint in the event the employee has been “laid off because of lack of work or because the discontinuance of a function”.
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Independent Canadian employment law analysis by David Q. Harris.