Reinstatement Under the Canada Labour Code

In a new decision in Wilson v. Atomic Energy of Canada Limited, the Supreme Court of Canada has affirmed that non union, non management, employees of federal undertakings may under the complaint process under the Canada Labour Code be reinstated if terminated without just cause. This issue has been in litigation for several years after the Federal Court of Appeal decided that employees would not have this protection. This decision by our highest court takes us back to what the majority view of the intent of the legislation was originally.

This puts this class of employee into a similar position enjoyed by union employees with respect to the ability to challenge dismissals without cause and potentially be reinstated. There is also the power in an adjudicator under the Canada Labour Code to award damages in addition to or in substitution for reinstatement of employment.

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