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, and duty to reinstate employees.
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.
Under Canada Labour Code (CLC), the workers in the following sectors, are deemed to be federally regulated employees:
Banking (ex. CIBC bank)
Inter-provincial/international transportation (ex. trucking companies, railways)
Airports, and Air transportation (ex. Air Canada)
Television, Telephone, Radio and Cable systems (ex. Rogers/Bell)
Uranium Mining and Processing
First Nation Activities and Crown Corporations
The Employment law test for whether or not the matter is provincially regulated, or federally regulated is fact-specific and legally based. For instance, if a transportation company starts regularly running across provincial boundaries it will become federally regulated. In practice, all matters which are not federally regulated are, by default, provincially regulated.
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.
Time is DEFINITELY of essence. Call us now at 647-849-6582 or Contact Us Now for Immediate Assistance. HTW Law can help. FREE!! Initial consultation. No-Win-No-Fee for qualified Federally Regulated Employees employment law cases.
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