Part III of the Canada Labour Code provides workers and employers under federal jurisdiction with a simple but effective administrative procedure to resolve unjust dismissal disputes.
The intervention concluded by the Inspector under the Code with respect to the complaint of unjust dismissal has not been successful. As such, the complainant has requested that the Minister of Labour appoint an Adjudicator to hear the circumstances of the dismissal and render a decision.
Both the employer and the complainant will be provided a notice identifying the Adjudicator appointed to the case. The role and authority of the Inspector now ends.
All further matters will be dealt with by the Adjudicator directly. The Adjudicator will be in contact with the parties to arrange suitable hearing dates. In preparation for the hearing the parties should be aware of the powers and processes used by the Adjudicator and prepare themselves accordingly.
An Adjudicator is empowered to consider the complaint and render a decision. Where an Adjudicator finds the dismissal to be unjust, the employer may be ordered to:
At the hearing, the Adjudicator can call witnesses, compel them to produce documents, receive evidence, administer oaths, and grant the parties the necessary time to present material and make submissions. The parties at the hearing may represent themselves, or be represented by a lawyer. Costs for such representations must be paid for by the parties themselves. The Adjudicator can also award costs in the proceedings upon appropriate presentations from the parties at the hearing.
At some time after the hearing, the Adjudicator will confirm in writing his or her decision, which will become binding on both parties.
In the event that any order made by the Adjudicator is not satisfied by the employer, the employee has the option of requesting that the Minister of Labour file the order in the Federal Court of Canada. Once the order is registered in this Court, the Labour Program has no statutory authority to proceed beyond this point. However, the complainant may now seek enforcement of the order through other avenues as if the order were a judgment of the Federal Court.
See also "Filing of Orders in Federal Court"
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© Her Majesty the Queen in Right of Canada, 2010
Cat. No.: HS24-57/2010
Cat. No.: HS24-57/2010E-PDF