Supreme Court agrees to hear case of federal employee dismissed without cause

OTTAWA (NEWS 1130) – The Supreme Court of Canada will examine whether employees can be dismissed from their job without cause.

The high court granted leave to appeal in the case of man who was dismissed without cause by Atomic Energy of Canada Ltd. in 2009 and given a severance package.

Joseph Wilson appealed successfully to the Federal Court of Canada after arguing that he had been unjustly dismissed under the Canada Labour Code.

The Federal Court of Appeal overturned that decision, so Wilson appealed to the Supreme Court.

As per its custom, the high court gave no reasons for why it agreed to hear the case.

Cissy Pau of Clear HR Consulting says right now a non-union employer can let someone go at any time and for any reason as long as it’s not discriminatory.

She says any change would be significant. “For instance, if there was downsize, or restructuring, or loss of business, and now were being told you can’t let a person go for those reasons? I think that, basically, you’re saying the employee has to have a job for life.”

“If you’re being told you can’t let somebody go now, unless it’s for a cause, then you may have to employ people when you can’t afford them, or you may have to employ people that may not be the right fit for an organization and now what do you do? Your hands are tied as an employer,” adds Pau.

The case will likely have implications for employers and non-unionized workers.

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