Federally Regulated Employers
Federally regulated employees enjoy differing protections from provincially regulated employees in circumstances of unjust dismissal. These differences may include a right to arbitrate such claims before an arbitrator appointed pursuant to the Canada Labour Code (the “CLC”) as well as the right to seek reinstatement of their employment with back wages at such arbitration. Employers and employees that do not know if they are federally or provincially regulated should consult with counsel to determine same.
The advancement of claims of discrimination in conjunction with claims of unjust dismissal can be particularly challenging. Federally regulated employees in these circumstances should consult with counsel prior to commencing any complaint pursuant to the CLC, the Canada Human Rights Act, or at Court to avoid procedural delay and unnecessary legal cost.