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Unjust Dismissal Complaint

Top 10 Employment Law Cases of 2016

Naomi E. Calla, a lawyer at Borden Ladner Gervais, has written an article on the Top 10 Employment Law Cases of 2016.

The cases and her brief summaries are:  read more »

Supreme Court of Canada to decide if dismissal without cause is automatically "unjust dismissal" under CLC

Jurisdiction: - Canada/Federal

The Supreme Court of Canada announced today that it had granted leave to appeal in a case concerning whether dismissal without cause is automatically an "unjust dismissal" under the Canada Labour Code.

This issue had divided labour adjudicators appointed under the Canada Labour Code for years until the Federal Court of Canada ruled, definitively, in Atomic Energy of Canada Limited v. Wilson, 2013 FC 733, that dismissals were not automatically "unjust". That decision was upheld by the Federal Court of Appeal in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17.

Canada's top court will now have the final word. This is that court's summary of the case:  read more »

Employee's stress due to nature of job not employer's improper conduct; no construtive dismissal

Jurisdiction: - Canada/Federal
Sector: - First Nations

Kade v. Chippewas of Nawash Unceded First Nation [2011] C.L.A.D. No. 101 (Mole)