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.

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.