Federally Regulated Employee
HTW Law - Employment Lawyer
Federally regulated employees are governed by the Canada Labour Code, R.S.C., 1985, c. L-2 (the “CLC”), the federal equivalent of the Ontario Employment Standards Act, 2000. While it bears many similarities to its provincial legislative counterpart, the CLC is unique in that DIVISION XIV - Unjust Dismissal (s. 240 to s. 247) entitles unjustly dismissed employees whom are not managers with a tenure of 12 months or longer to receive reinstatement with back pay. In addition, s. 168 of the Canadian Labour Code clearly prohibits an employer to opt out DIVISION XIV - Unjust Dismissal of the CLC. CLC offers a federally regulated employee quasi-union protection, as confirmed in the Supreme Court case, Wilson v. Atomic Energy of Canada Ltd., which includes duty of employer to investigate complaints, entitled to progressive discipline, duty to reinstate employees.
Federally Regulated Employee - Am I?
Employment Law - Federally Regulated Employees is a subset of employment law that is of paramount importance in its own right. The default position in an unjust dismissal situation in the employment law context is to reinstate federal worker. Do note that a claim of Unjust Dismissal is as of right, and cannot be opt out by the federally regulated employee!!
Employment law test for who are federally regulated employees is fact-specific, legally based. As a federally regulated employee, If you think you have been unjustly dismissed, or if you are an employer being served with an employment law claim of unjust dismissal, immediate response is needed, as time is of essence.
Who is an Employment Law Federally Regulated Employee?
Under Canada Labour Code (CLC), the workers in the following sectors, are deemed to be federally regulated employees:
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Banking (ex. CIBC bank)
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Inter-provincial/international transportation (ex. trucking companies, railways)
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Airports, and Air transportation (ex. Air Canada)
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Television, Telephone, Radio and Cable systems (ex. Rogers/Bell)
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Fisheries
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Grain Elevators
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Uranium Mining and Processing
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First Nation Activities and Crown Corporations
How a Federally Regulated Employee Lawyer who deals with Employment Law in Related to Federally Regulated Employees Can Help?
If you are a federally regulated employee, and you think you have been unjustly dismissed, or if you are an employer being served with a claim of unjust dismissal, you are highly recommended to seek legal advice immediately from an experienced employment law lawyer. In some cases, you have a VERY LIMITED amount of time to act on it, or be forever hold your peace.