Firm Profile
Our Lawyers
Areas of Practice
Firm News & Blog
(416) 863-0125

In a welcome decision for employers, the Federal Court of Appeal has recently brought an end to the uncertainty surrounding the issue of whether a non-unionized employee governed by the Canada Labour Code can only be dismissed where there is just cause.

In the decision of Wilson v. Atomic Energy of Canada Limited, the Court more or less held that the Canada Labour Code is not exhaustive with respect to such employees, and, in effect, does not replace the common law when it comes to terminating their employment.

Accordingly, employers governed by the Canada Labour Code should be at liberty to dismiss their employees without cause, as long as they provide reasonable notice prior to termination, or pay in lieu of such notice.

At the time of writing this Article, the writer is unaware of any appeal.

Contact Us

2 St Clair Ave West
Suite 2101
Toronto, ON M4V 1L5

Phone: (416) 863-0125

Fax: (416) 863-3997

Questions? Send us an email.