In a welcome decision for employers, the Federal Court of Appeal has recently brought an end to the uncertainty surrounding the issue of whether a non-unionized employee governed by the Canada Labour Code can only be dismissed where there is just cause.
In the decision of Wilson v. Atomic Energy of Canada Limited, the Court more or less held that the Canada Labour Code is not exhaustive with respect to such employees, and, in effect, does not replace the common law when it comes to terminating their employment.
Accordingly, employers governed by the Canada Labour Code should be at liberty to dismiss their employees without cause, as long as they provide reasonable notice prior to termination, or pay in lieu of such notice.
At the time of writing this Article, the writer is unaware of any appeal.
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