The SCC gave leave to the Plaintiff’s to appeal the Federal Court of Appeal in this ground breaking case regarding unjust dismissal under the Canada Labour Code. In the lower Courts it was held that a dismissal without just cause was not unjust if the proper severance was paid, which was contrary to decades of Canada Labour Code adjudicator jurisprudence which held that only a dismissal for just cause could avoid the section’s remedies, including reinstatement. This decision will be of keen interest for all those in the employment law bar as the Federal Court decision has made this unjust dismissal legislation a less useful remedy as in most cases the employee would be better off with a civil action for wrongful dismissal if the reinstatement option is not realistically available under the Code.
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