SCC Grants Leave To Appeal On Canada Labour Code Without Cause Dismissal

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.