For Employees

The Canada Labour Code varies from Ontario’s Employment Standards Act, 2000. While the Employment Standards Act, 2000 governs the employment rights of most employees in Ontario, the Canada Labour Code applies to federally-regulated employees. Employees who work in the following sectors are governed by the Canada Labour Code:

• • Navigation and shipping
  • Air/ highway/ sea transportation;
  • Radio broadcasting;
  • Telecommunications;
  • Banks;
  • Crown Corporations;
  • Ferries/tunnels; or
  • Any other federal work or business within the federal jurisdiction.

Similar to the Employment Standards Act, the Canada Labour Code sets out rules on employment rights such as hours of work, vacation, holidays, leaves, unpaid wages, and notice period.

In particular, the Canada Labour Code provides an employee with three rights:

1. 1. The right to know;
   2. The right to participate; and
   3. The right to refuse dangerous work.

Generally, when a federally-regulated employee has been terminated without cause, under the Canada Labour Code, an employer must provide at least two (2) weeks of written notice or payment in lieu of notice.

Per the Canada Labour Code, an employee who has worked for at least a year and is terminated without cause is also entitled to severance pay. Severance pay is equivalent to five days wages and an additional two days for each year of service.

Non-unionized federal employees, except managers, who have worked with their employer for at least a year can make a claim for unjust dismissal which entitles them to reasonable common law notice and reinstatement. An employee claiming unjust dismissal has ninety (90) days from the date of termination of employment to make a complaint to the Canada Industrial Relations Board or proceed with a civil claim.

If you are a federally-regulated employee and need assistance in understanding your legal entitlements under the Canada Labour Code, contact Zubas Flett Liberatore Law LLP.