Reagan Ruslim

In an employment appeal, a non-unionized federally regulated employee challenged a without-cause dismissal under the unjust dismissal provisions of the Canada Labour Code.

The adjudicator held that severance in lieu could not displace the statutory requirement to assess whether the dismissal was unjust, and allowed the complaint.

The majority restored that decision, concluding the adjudicator's interpretation was reasonable and consistent with the statutory purpose and dominant adjudicative approach under ss. 240-246.

The court held the scheme protects eligible non-unionized employees from dismissal without cause and supports meaningful remedies, including reinstatement.

In an interim decision, the Tribunal addressed the applicant's request for document production and the respondent's request for a summary hearing.

The Tribunal ordered the respondent to produce documents relating to a job competition, finding them relevant to the applicant's allegations of discrimination and reprisal.

The Tribunal noted that if the respondent destroyed the interview notes, the parties should be prepared to make submissions on whether an adverse inference should be drawn.

The Tribunal denied the respondent's request for a summary hearing and its request to strike the applicant's remedial request for lost wages.

The applicant, employed as an offloader/lumper, filed a human rights application against his former employer.

The respondents brought a request for an order during proceedings to dismiss the application, arguing the corporate respondent was a federally-regulated inter-provincial transportation undertaking.

The Tribunal found that the applicant's work was functionally connected and integral to the employer's interprovincial transportation operations.

Consequently, the employment relationship fell under federal jurisdiction, and the application was dismissed for lack of jurisdiction.

The appellant challenged a judgment enforcing an employment contract that provided for 15 days’ notice of termination.

The Court of Appeal held the contractual termination provision was clear and that pay in lieu had been provided in accordance with the agreement.

Finding no error in the motion judge’s conclusions, the court dismissed the appeal and fixed appeal costs in favour of the respondent.

The plaintiff brought an action seeking $70,000 in damages for wrongful dismissal.

The evidence showed the employment agreement permitted termination on 15 days’ written notice and that the employee received the equivalent pay in lieu of notice, consistent with both the agreement and the Employment Standards Act.

The plaintiff advanced additional allegations including alleged fabrication of employment records, interference relating to criminal charges, and improper workplace conduct.

The court held that even if the employer had considered cause, the termination was effected without cause and the employee received the full contractual and statutory entitlements.

As none of the allegations created a legal basis for damages beyond the notice already paid, the claim was dismissed.

The applicant filed a human rights application alleging discrimination in employment on the basis of record of offences after his employment was terminated.

The respondents brought a request for early dismissal, arguing that the applicant's peace bond did not constitute a 'record of offences' under the Human Rights Code.

The Tribunal held that a peace bond does not result in a conviction for a provincial offence or a federal offence for which a pardon has been granted.

As the applicant did not meet the statutory definition of 'record of offences', the Tribunal lacked jurisdiction and dismissed the application.