Statutory Unjust Dismissal in Canada: What is the Value of a Lost Job?

Abstract

In the 1970s, three Canadian jurisdictions (federal, Quebec, Nova Scotia) introduced statutory unjust dismissal legislation. The objective was to extend ‘just cause’ protections long enjoyed by unionized workers to eligible non-union employees by permitting employees to file a complaint with a labour tribunal. The presumptive remedy for unjustly terminated employees was to be reinstatement. However, in practice the majority of successful complainants are not reinstated. This paper examines the history and rationale for the introduction of unjust dismissal legislation in Canada, the meaning and scope of ‘unjust’ as developed by adjudicators, and the approach of tribunals in the three jurisdictions to crafting remedies to compensate unjustly dismissed employees who are not reinstated.