Unjust Dismissal

It is an unjust dismissal if a federally regulated employee is terminated without just cause

Learn what you need to know about unjust dismissal.


What is an unjust dismissal?

Employees in federally regulated industries such as broadcasting, banking, aviation, inter-provincial trucking, telecommunications, and postal service, have more job security than provincially regulated employees.

Federal workers have additional protections under the Canada Labour Code which do not apply to provincial workers. As a federally regulated employee, your employer can only fire you if your employer can show just cause for dismissal. This rule applies unless you are a managerial employee, or your job has essentially been discontinued. When your federally regulated employer terminates you without just cause, the law says it is an “unjust dismissal.”

Who can make an unjust dismissal complaint?

As a federally regulated employee (union or non-union) protected by the Canada Labour Code, you can make an unjust dismissal complaint if you have worked for at least 12 consecutive months in a non-managerial position.

Why make an unjust dismissal complaint?

You may choose to make an unjust dismissal complaint because they are typically faster and less expensive than proceeding through court. You can also choose to pursue reinstatement of employment, a special remedy not normally available to most dismissed employees. While the Canada Labour Code outlines a minimum payment that must be paid if you are dismissed, you could be entitled to more based on a wide range of factors that can influence your amount of severance. These factors include:

  • salary
  • age
  • tenure
  • entitlement to all nondiscretionary payment that you earned while employed
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Why should you choose Whitten & Lublin to help you?

Our lawyers practice employment law exclusively. We know whether an unjust dismissal case is right for you. In the right circumstances, an unjust dismissal claim can be the right approach to get you the best result. Once we have heard and understand your individual circumstances, we will explain your rights, develop a strategy, and execute the agreed to game plan to support your case.

When you have the power to obtain better. Negotiate with the help of Whitten & Lublin.

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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

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