Federally regulated employees are entitled to just cause protection
The Supreme Court of Canada has determined that federally-regulated employers must have just cause to dismiss non-unionized employees.
The Court held that amendments to the Canada Labour Code made in the 1970s provided non-unionized employees in the federal sector with just cause protections similar to those enjoyed by unionized employees. It disagreed with the decision of the Federal Court of Appeal, which had held that employers could dismiss an employee without cause by providing notice and severance pay, effectively overturning almost 40 years of arbitral jurisprudence.
Steven Barrett and Louis Century represented the Canadian Labour Congress, which intervened at the Supreme Court in support of employees’ right to just cause protection.