This article first appeared in French in the October 2016 edition of VigieRT, a publication of the Ordre des conseillers en ressources humaines agréés, the Quebec order of certified human resources consultants.
The Supreme Court of Canada’s recent decision in Wilson v. Atomic Energy of Canada (“Wilson”) impacts more than 500,000 non-unionized employees, who work for organizations under federal jurisdiction (banks, telecommunications, interprovincial transportation enterprises and some Crown corporations). The decision puts an end to the controversy that had surrounded the remedy for unjust dismissal provided for in sections 240 to 246 of the Canada Labour Code2 (the “CLC”). It marks a major turning point for unjust dismissal hearings.