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ARTICLE · 14 DECEMBER 2018

A Comforting Decision For Employers Reorganizing Their Workplace

A recent decision has set the record straight by reaffirming a principle that some decision-makers at the Administrative Labour Tribunal (ALT)

CanadaEmployment and HR

A recent decision1 has set the record straight by reaffirming a principle that some decision-makers at the Administrative Labour Tribunal (ALT) tend to want to set aside: section 124 ALS does not create the right to a job for an employee who was actually dismissed for economic or organizational reasons. In fact, the Quebec Superior Court confirmed that in the case of an actual dismissal, there is no obligation, by virtue of statute law or case law, to try to find another position within the company for the employee who was dismissed.


The facts

A program to increase performance and efficiency in all the employer's business units (hereinafter referred to as the PIP) was implemented wherein the plaintiff's supervisor was asked to analyze all the positions under his responsibility. Due to new processes resulting in reduced workforce needs in his department, he was asked to abolish two positions in his group.

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