Administrative Reorganization And Termination In Québec: Mind The Evidence

Key Takeaways:

• Employers relying on an administrative reorganization must demonstrate a clear and concrete link between the organizational change and the elimination of the position.
• A termination letter referencing performance concerns or a loss of confidence may undermine a claim that the termination was purely administrative.
• Courts will closely examine whether contemporaneous documentary evidence supports the stated reason for the termination.
• Where a dismissal under section 124 of the ALS is established, reinstatement remains the presumptive remedy unless a genuine obstacle exists.

A decision rendered on June 10, 2026, by the Québec Superior Court serves a useful reminder for employers considering terminating employment for organizational reasons. In Adobe Systems Canada inc. v. Tribunal administratif du travail, the Superior Court dismissed an application for judicial review of a decision of the Administrative Labour Tribunal (the “ALT”), which had found that an