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Without-cause dismissal failed under the Code’s unjust dismissal protections.
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.
