Rights under the Canada Labour Code | Whitten & Lublin Employment Lawyers


– (Athan) Good Morning everyone. My name is Athan Makrinos a lawyer here at Whitten and Lublin and I’m joined by colleague Tommy Hong. Today we are going to be
discussing the importance of the Canada Labour Code in respect
to wrongful dismissal. Now as I’m sure many of you know, every employer and employee within Ortario are governed by two statues, the first being the
Employment Standards Act and the second being
the Canada Labour Code. Tommy, can you explain to us
what the difference is between the Employments Standards Act
and the Canada Labour Code? – (Tommy) Sure. While most employees in
Ortario would be covered by the Employments Standards
Act, having said that, if an employee works for a
federally regulated employer federally regulated meaning banks, cable companies, uranium mining companies, transportation companies, they would be covered under
the Canada Labor Code. – (Athan) Okay. So hypothetically speaking, say I’m a uranium miner and
I’ve recently been terminated. – (Tommy) Sure. – (Athan) What kind of rights would I have under the Canada Labour Code? – (Tommy) Well, you can file
an unjust dismissal claim under the Canada Labour Code if you meet certain
eligibility requirements. – (Athan) Okay and what
are those requirements? – (Tommy) Well you can’t be a manager and you have to have been working there for at least 12 consecutive months and you can’t be unionized, or i.e. be covered by any kind of collective bargaining agreement. – (Athan) Okay I want to back
pedal here for quick second. – (Tommy) Sure. – (Athan) You mentioned this
idea of being a manager. – (Tommy) Right. The term manager is very lucid. – (Tommy) Right. – (Athan) It’s kindda thrown
around here and there. – (Tommy) Sure. _ (Athan) Is there any
kind of metric we use to establish who is manager
and who is not a manager? – (Tommy) Well good question here. No. It’s really a factor of an analysis. – (Athan) Okay. – (Tommy) So you can have
the title of a manager however if you can’t
fire anyone for example or if you can’t hire anyone if you can simply just
make recommendations – (Athan) Right. – (Tommy) on who you can hire or fire than an adjudicator under
the Canada Labour Code they would most likely hold
that you’re not a manager; and therefore you would
still be able to file an unjust dismissal claim
under the Canada Labour Code. – (Athan) Okay. Now is that the only
right that we have under the Canada Labour Code if
we are wrongfully dismissed? – (Tommy) No. Well you could file a
wrongful dismissal suit in the civil courts or you could file an
unjust dismissal claim under the Canada Labour Code. It’s really a factor of an analysis and I would recommend highly highly recommend
that you consult a lawyer before you determine which avenue to take. – (Athan) Okay, excellent. And to that extend, feel free to contact one of our lawyers at information listed below who are experts in the
field of Canada Labour Code and the Employment Standards Act.

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