In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal
Court of Appeal (FCA) made a game-changing decision when they
unanimously found that without-cause dismissals of non-unionized
employees are permissible under Part III of the Canada Labour
Code (the Code).1 Previously, adjudicators had been split
into two camps: some held dismissals without-cause to be inherently
unjust, and some deemed them to be just provided that reasonable
notice (or wages in lieu) and severance under the Code was
given.
On November 16, 2009, Mr. Joseph Wilson was dismissed without
cause from his employment with Atomic Energy of Canada Limited
(AECL). As a federally-regulated employer, AECL is governed by the
Code. Prior to dismissal, Mr. Wilson had been working at AECL for
four and a half years. AECL offered a severance package equal to
roughly six months' pay in exchange for a full and final
release, despite the fact that under the Code Mr. Wilson was
entitled to
