Unjust Dismissal Hearings

Dismissal complaint UNSUCCESSFUL

The intervention concluded by the Inspector under the Code with respect to the complaint of unjust dismissal has not been successful. As such, the complainant has requested that the Minister of Labour appoint an Adjudicator to hear the circumstances of the dismissal and render a decision.

The appointment of an ADJUDICATOR

Both the employer and the complainant will be provided a notice identifying the Adjudicator appointed to the case. The role and authority of the Inspector now ends.

All further matters will be dealt with by the Adjudicator directly. The Adjudicator will be in contact with the parties to arrange suitable hearing dates. In preparation for the hearing the parties should be aware of the powers and processes used by the Adjudicator and prepare themselves accordingly.

The powers of an ADJUDICATOR

An Adjudicator is empowered to consider the complaint and render a decision. Where an Adjudicator finds the dismissal to be unjust, the employer may be ordered to:

1. reinstate the employee with or without compensation for lost wages;
2. pay compensation for lost wages, without reinstating the employee; or
3. do anything that is equitable in order to remedy any consequences of the dismissal, including an order to clear an employee's record of any references to the dismissal.

At the hearing, the Adjudicator can call witnesses, compel them to produce documents, receive evidence, administer oaths, and grant the parties the necessary time to present material and make submissions. The parties at the hearing may represent themselves, or be represented by a lawyer. Costs for such representations must be paid for by the parties themselves. The Adjudicator can also award costs in the proceedings upon appropriate presentations from the parties at the hearing.

The decision of an ADJUDICATOR

At some time after the hearing, the Adjudicator will confirm in writing his or her decision which will become binding on both parties.

Enforcement of the DECISION

In the event that any order made by the Adjudicator is not satisfied by the employer, the employee has the option of requesting the Minister of Labour file the order in the Federal Court of Canada. Once the order is registered in this Court, the HRDC-Labour Program has no statutory authority to proceed beyond this point. However, the complainant may now seek enforcement of the order through other avenues as if the order were a judgment of the Federal Court.

Cat. No. RH54-17/2003
ISBN 0-662-67585-1