Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"

Provincially regulated employees who belong to a union are covered by the ''Labour Relations Code'' in addition to the ''ESA''. However, some parts of the ESA do not apply to unionized employees.

Federally regulated employees are covered by the ''Canada Labour Code'' [CLC]. A significant difference between the CLC and the ESA is that the CLC confers a special right: If the employee is non-managerial, worked for at least one year, and was unjustly dismissed, his or her job can be reinstated (CLC, ss 240-246).  This right exists alongside a number of other discretionary remedies for unjust dismissal under the CLC. A complaint must be filed within 90 days (CLC, s 240(2)).  

For a discussion on the significance of the discretionary remedies for unjust dismissal available under the CLC, see the Supreme Court of Canada’s recent decision in ''Wilson v. Atomic Energy of Canada Ltd.'', 2016 SCC 29.