Unjust Dismissal

This phrase is usually used in the context of industries regulated by the Government of Canada as opposed to the Government of the Province of Ontario. This would include banks, inter-provincial trucking firms, railways and airlines. The principles of law are similar in that the need to mitigate damages is applied and the notice or pay in lieu of notice provided is arrived at in a similar way. However under the Canada Labour Code, an arbitrator does have the authority to re-instate an employee. This is not an automatic result but one depending upon the circumstances including the reason for the unjust dismissal, the relationship between the parties, whether the employer was downsizing for economic reasons or whether the employee had misbehaved in a significant way but not enough to justify termination for cause. Arbitrators are often reluctant to return these employees to the workplace.