Unjust Dismissal Complaint
Supreme Court of Canada to decide if dismissal without cause is automatically "unjust dismissal" under CLC
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 »
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Moday and Bell Mobility Inc., 2013 CarswellNat 393 (Can. Arb.)
Kade v. Chippewas of Nawash Unceded First Nation  C.L.A.D. No. 101 (Mole)