Recent case law has noted that the presumptive remedy is re-instatement with back pay under Federal jurisdiction. See Payne v. Bank of Montreal 2013 FCA 33
Employers working for a federally regulated employer may seek the extraordinary remedy of re-instatement with back pay.
Under the Canada Labour Code, R.S.C. 1985, employees working for federally regulated industries such as banks, airlines, cable companies, and railways have special protections which does not exist at common law.
Employees under both federal and provincial jurisdiction may still sue their employers in a common law claim for wrongful dismissal
The leading decision in the field is Supreme Court of Canada decision of Wilson v. Atomic Energy of Canada 2016 SCC 29. Mr. Ball personally attended and argued in the Wilson case. The Supreme Court of Canada reversed the Federal Court of Appeal and held that federally regulated employers can only terminate employees for “just cause”. If the employer cannot prove “just cause”, the employee can apply to be “made whole”. “Make whole” remedies can go beyond common law reasonable notice periods, and include remedies which are not available at common law.“Managers” are excluded under the Canada Labour Code. However, the test to be a manager has a very high threshold [see e.g. Avalon Aviation Ltd. v. Desgagne, (1981), 42 N.R. 337 (C.A.). Bank branch managers have, for example, not been necessarily considered “managers”.
At Ball Professional Corporation we take the legal issues around Unjust Dismissal very seriously and are committed in making sure your employment and Human rights are represented at the highest level and addressed in the most professional manner. We will try to minimize the cost to you by using our vast experience in negotiations while making sure you get what you are legally entitled to according to Canadian employment law. Stacey Ball is one of the top employment lawyers in Toronto and represents clients across Canada. If you are not getting what you deserve we will fight for your rights all the way to the supreme court of Canada where Stacey Ball has fought and won protecting the interests of his clients