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Canada (Federal only) - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Canada (Federal only) - 2012    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Sec. 242(4)a) CLC (see below).

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In the event of unjust dismissal, the arbitrator may order the employer to pay compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person.

Remarks:
  • Sec. 242(4)a) CLC.
    Note that in addition, the arbitrator can also require the employer to take any similar action that is equitable to require of the employer in order to remedy or counteract any consequence of dismissal (sec. 242(4)c) CLC).

Reinstatement available: Yes

Remarks:
  • Sec. 242(4)b) CLC.

Preliminary mandatory conciliation: Yes

Remarks:
  • Sec. 241(2) CLC: on receipt of a complaint of unjust dismissal, the inspector shall endeavour to assist the parties to settle the
    complaint or cause another inspector to do so.

Competent court(s) / tribunal(s): none

Remarks:
  • Arbitration is the ordinary way of settling unjust dismissal cases.
    Note: civil remedies for wrongful dismissal are not addressed here.

Existing arbitration: Yes

Remarks:
  • Arbitration is the ordinary way of settling unjust dismissal cases.
    - Only employees who have completed 12 consecutive months of continuous employment with the same employer, and who are not members of a group of employees subject to a collective agreement, are entitled to make a complaint for unjust dismissal (sec. 240 CLC)
    - Unjust dismissals complaints shall be first submitted to an inspector within 90 days from the date of dismissal. The inspector shall first attempt to conciliate the parties. If conciliation fails, the inspector informs the Minister of Labour who then refers the complaint to an arbitrator (adjudicator) appointed by him for decision (sec. 240(2), 241(3), 242 CLC)
    Every order of an adjudicator is final and shall not be questioned or reviewed in any court. (sec. 243(1) CLC)

Notes / Remarks
This section covers complaints of and remedies for unjust dismissal which are regulated by the CLC and does not address civil remedies for wrongful dismissal.