Common menu bar
Breadcrumb
Unjust Dismissal
Division XIV – Unjust Dismissal of Part III of the Canada Labour Code provides a procedure for making complaints against a dismissal that an employee considers to be unjust.
The following questions, answers and case studies will be of interest to employers and employees under federal jurisdiction. Pamphlet #1 – Summary of this series describes the types of businesses covered by the Code. It is available from any Labour Program office and on the Labour Program website.
- Title Page
- 1. Who is entitled to protection from unjust dismissal?
- 2. What can employees do if they feel that they have been unjustly dismissed?
- 3. What is constructive dismissal?
- 4. Who will normally deal with the complaint?
- 5. Does the complaint automatically go to adjudication?
- 6. What are the powers of an adjudicator?
- 7. Can an adjudicator’s decision be appealed?
- 8. Who pays for the adjudicator?
- 9. Is there a distinction between dismissals, terminations or lay-offs?
- 10. Does the adjudication process prohibit the employee from pursuing a civil remedy against the employer?
- I. Case Studies
- II. Key Factors in the Employer's Decision to Discipline
- III. Employee Infractions and Progressive Discipline
- IV. Major Misconduct Resulting in Instant Dismissal
- V. Aggravating and Mitigating Factors Considered by Adjudicators
- Conclusion
- Overview of the Unjust Dismissal Process: Part III of the Canada Labour Code
Full text of Unjust Dismissal in PDF (200 KB)
To access the Portable Document Format (PDF) version you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:
Primary navigation (left column)
Labour
- Labour Minister
- Overview
- News and Events
- Employment Standards
- Health and Safety
- Workers' Compensation
- Fire Protection
- Labour Relations
- Equality in the Workplace
- Labour Law
- Labour and Globalization
Department
- Ministers
- About Us
- Newsroom
- Publications and Resources
- Funding Programs
- Consultation and Engagement
- Success Stories