Unjust dismissal generally means the dismissal without just cause of an employee whose employment is federally regulated. Unjustly dismissed employees are entitled to severance pay.
Unjust Dismissal Services
Unjust Dismissal Process
Employees in non-union workplaces do not normally have significant statutory severance and job security protections. “Unjust dismissal” is a unique form of job protection and claim for non-union employees working for federally regulated employers.
Federally regulated employers are employers operating in federally regulated industries. Federally regulated industries include things like banking, telecommunications, airlines, radio, shipping, interprovincial pipelines, and first nations.
Unjust dismissal is a claim under Part III of the Canada Labour Code that only employees in federally regulated industries can bring against their employers.
An unjust dismissal claim is filed with the Canada Industrial Relations Board, and is decided by an arbitrator. These claims are not filed in the courts in Alberta, but the hearings can be held in Alberta.
Unjust Dismissal Entitlements
Many employees working for federally regulated employers can choose whether to bring an unjust dismissal complaint or a wrongful dismissal complaint. Unjust dismissal is a little bit different than wrongful dismissal, but the amount of severance pay an employee is entitled to tends to be similar with either type of claim.
A unique aspect of an unjust dismissal claim is that they can sometimes result in reinstatement to the job the employee was terminated from.
Dismissed employees who worked for an employer for less than 12 months or who were in an upper management job cannot usually sue for unjust dismissal. However, these employees usually can still sue in Alberta’s courts for wrongful dismissal.
The lawyers at Bow River Law have experience dealing with unjust dismissal matters. If you are a federally-regulated employee and your employment has been dismissed, we may be able to help you get a substantial severance, or in some cases even reinstatement to your previous job. Let us help you.
Cautionary Notes
- An unjust dismissal complaint must be made within 90 days of dismissal, so it is important to speak to a lawyer as soon as possible.
- Federally regulated employers often claim they have just cause for dismissal, but often this is not true. Remember that it is the arbitrators and courts who decide if there was just cause for dismissal, not the employers. We are experienced at making strong arguments that an employee has been unjustly dismissed. We help employees get settlements or move through the unjust dismissal complaint process.
- If you do not qualify for an unjust dismissal complaint, you likely can still make a wrongful dismissal complaint in Alberta’s courts. Either way, we can help you navigate the process and advocate for your rights.
Unjust Dismissal FAQ
What kinds of employees are regulated under the Canada Labour Code?
The Canada Labour Code only applies to employees that work for federally regulated employers. Federally regulated employers are ones engaged in a “federal work or undertaking”, and include banks, telecommunications, airlines, radio and first nations.
Can any employee in Canada file a claim for unjust dismissal?
No. Unjust dismissal is a claim under Section 240 of the Canada Labour Code that an employer has terminated employment without just cause. The only employees that can make this claim are ones that work for federally regulated employers for 12 months or more, amongst other conditions.
Unjust Dismissal Legal Blog Articles
Related Content
Book an Appointment Today
Quick Contact
Fields marked with an * are required