A few weeks ago, the Supreme Court of Canada confirmed that employees subject to the Canada Labour Code cannot be dismissed without just cause. A link to this decision can be found here.
Generally, an employee who is not part of a union can be dismissed without cause, provided that the employer gives the employee a reasonable amount of notice of termination of employment or pay in lieu of notice. However, employees whose employment is governed by the Canada Labour Code cannot be terminated without just cause for dismissal. In other words, a federally-regulated employer cannot let go of an employee on a without cause basis simply by offering what would otherwise be a fair and reasonable severance package. To do otherwise would constitute an unjust dismissal.
In connection with my previous post, just as the Ontario Human Rights Code provides for reinstatement as a remedy, the Canada Labour Code also provides for reinstatement of employees who have been unjustly dismissed.
This article is intended only to provide general information and does not constitute legal advice. Should you require advice specific to your situation, please feel free to contact me to discuss the matter further.