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PUBLIC SERVICE EMPLOYEES
YOUR RIGHTS
If your employment has been terminated in an industry regulated by the Federal Government of Canada including crown corporations, post offices, intra-provincial trucking, buses, railways, airlines, banks (not Trusts), shipping companies and broadcasting, your rights are governed under the Canada Labour Code.
In addition to a claim for wrongful dismissal, federal employees have a right to a special claim for unjust dismissal. Like unionized employees, federal employees cannot be dismissed without just cause. A claim for unjust dismissal provides non-unionized federal employees the right to go to arbitration even though a collective agreement is not in place. In addition to awarding damages, an arbitrator has a special power to reinstate an employee to their previous position. You must have completed 12 consecutive months of continuous employment in order to claim unjust dismissal.
PROTECTING YOUR RIGHTS
A written complaint for unjust dismissal should be made within 90 days from the date of dismissal. The complaint may be brought by an employee or a lawyer authorized to represent the employee. The employer may be required to provide a written statement outlining the reasons for the dismissal. An inspector will assist the parties in settling the dispute. However, if no settlement is reached, the inspector may then refer the dispute to an adjudicator on the request of the complainant. At this time the Minister will decide whether or not to allow the case to proceed to adjudication.
The decision of an adjudicator is final and binding on the parties. It is also important to note that an adjudicator cannot consider a decision where the employee was laid off because of a lack of work, the discontinuance of a particular function or where there is an alternative procedure for relief. If you feel you have been unjustly dismissed, you should also contact a lawyer and pursue your rights by calling Labour Canada.
OUR SERVICES
If you have been terminated or demoted by a federally regulated employer, we can provide assistance with all aspects of your case including assessing your claim, negotiating with your employer, commencing and litigating an action before the courts and representing your interests at an arbitration under the Canada Labour Code.
Contact us for more information or to arrange a consultation.