Will This Change Canadian Radio/TV Employment?

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Will This Change Canadian Radio/TV Employment?

Postby jon » Thu Jul 14, 2016 10:35 am

Federal non-union workers can't be fired without cause, Supreme Court rules
The Canadian Press
July 14, 2016

The Supreme Court of Canada says employers must have just cause for firing a federally regulated worker who lacks union protection.

In a ruling today, the high court says dismissing such an employee without cause is unjust, and therefore not allowed under the Canada Labour Code.

The Canadian Labour Congress is hailing the decision as a win for all federally regulated employees, particularly half a million non-union workers at banks, telecommunications firms, transportation companies and some Crown corporations.

The Supreme Court ruled in favour of Joseph Wilson, who was dismissed without cause by Atomic Energy of Canada Ltd. in 2009 and given a severance package.

A labour adjudicator concluded that an employer could not resort to severance payments, however generous, to avoid a determination under the labour code about the dismissal.

Because the employer did not rely on any cause to fire Wilson, his complaint was allowed -- only to be later overturned in the courts, prompting the eventual appeal to the Supreme Court.
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Re: Will This Change Canadian Radio/TV Employment?

Postby kal » Thu Jul 14, 2016 10:42 am

A very important ruling.

More here:

http://nonunion.ca/

and here to find out if this might affect you:

http://nonunion.ca/federally-regulated-businesses-and-industries/
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Re: Will This Change Canadian Radio/TV Employment?

Postby Tom Jeffries » Thu Jul 14, 2016 11:33 am

This is HUGE.

I think most of us have been given the hook - if only that was in force, when we got the hoof, it would have been a whole new ballgame.
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Re: Will This Change Canadian Radio/TV Employment?

Postby kal » Thu Jul 14, 2016 11:49 am

I am thinking of the banking sector today. At BMO the boss has announced 3000 or so layoffs coming. Will this ruling give the C-suite pause? Somehow I doubt it.
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Re: Will This Change Canadian Radio/TV Employment?

Postby Aaron » Thu Jul 14, 2016 11:52 am

No, a layoff is different from a dismissal without cause.
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Re: Will This Change Canadian Radio/TV Employment?

Postby Story4You » Thu Jul 14, 2016 1:19 pm

a Layoff is different than a no cause dismissal.
but now, if you really don't want someone, you're going to simply come up with an excuse - be it "attitude" or "job performance".
I would think that give a person 2 less than satisfactory performance reviews and you have cause.

but really, what are the chances that if someone is terminated and they find a lawyer to fight the case, what court is going to require reinstatement - and if the person is successful at getting it, how fun will the job be again?
fight for severance and move forward would be the best option.
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