By Kirsten Hume
Our colleagues in Ontario recently posted here on the case of Wilson v. Atomic Energy of Canada Limited,where the Federal Court of Appeal held that non-unionized employees in the federal sector do not have a “right to a job” and that dismissal from employment on a without cause basis is not automatically an “unjust dismissal” under the Canada Labour Code. This was a welcome clarification in the law for federal employers, who had previously been faced with a line of authority from adjudicators which limited without-cause dismissals to very narrow circumstances.
The Supreme Court of Canada has granted the dismissed worker leave to appeal the decision, meaning that employers will soon see a definitive ruling on this issue. We will be sure to keep you updated on the outcome.