Please use footnotes and cite which paragraph. Wilson v. Atomic Energy of Canada Ltd., [2016] 1 SCR 770, 2016 SCC 29 (CanLII) Question ONE Was the majority opinion a better interpretation of the...

1 answer below »
Please use footnotes and cite which paragraph.


Wilson v. Atomic Energy of Canada Ltd., [2016] 1 SCR 770, 2016 SCC 29 (CanLII)
Question ONE






Was the majority opinion a better interpretation of the relevant sections of the Canada Labour Code than the opinion of the minority? Why?


Consider the legal arguments and the policy reasons for the legislation.


Do not consider the arguments about which standard of review should apply. Accept that the court has full power to review the decision and substitute its own opinion.


Question 2
Should all employees in Ontario be entitled to reinstatement of employment on terms similar to the majority interpretation of the Canada Labour Code? If not, which employees should have these rights, and which employees should not? Give reasons based on law and policy.
Answered Same DayJan 20, 2021

Answer To: Please use footnotes and cite which paragraph. Wilson v. Atomic Energy of Canada Ltd., [2016] 1 SCR...

Preeti answered on Jan 29 2021
142 Votes
Case Analysis
Question 1:
The majority opinion presents a better interpretation of the relevant sections of the Canada Labour Code than minority opinion as it seeks to protect the interest of employees from being terminated in unjust and unfair manner. The maj
ority opinion states that employer is not entitled or granted with the right to dismissal an employee, in any situation, without showing or giving a reasonable notice. In this case, it is mandatory for employers to give employees with a reasonable notice and dismissal package. They could be not fired without a show cause notice
.
The employer’s ability to fire an employee ‘without cause’ is justifiable and reasonable if there are adequate reasons to fire the employee. This legal argument is based on the main notion that hiring and firing of employee should be done in the overall interest of the firm and society. Some employees indulge in unethical and unlawful activities that it is not justifiable and reasonable to retain them, also, waiting for preparing ‘show cause’ notice and other formalities. However, in such circumstances, employer is entitled to restrict of prohibit employees from getting involved in any kind of task or activity. They are entitled to file a complaint against employer, and, accordingly, employer is required to prove the fact and circumstances.
The legal arguments preventing employers from dismissing employees without cause basis is based on protecting, maintaining and restoring interests of workers. The dismissal on a without cause basis is not even granted even where employer provides adequate severance pay to employees. Canada Labour Code does not advocate or favours dismissal of employees without cause basis in non-federally regulated employees. The complaint in the given case made by Mr. Joseph Wilson who has filed a dismissal compliant under sections 240 of the Canada Labour Code also raise allegation against employer who dismissed employee on a ‘without cause’ basis
.
The legal arguments ask concerned employee to file an unjust dismissal compliant under the provisions of Canada Labour Code. The legal arguments also reject any defensive claim made by employer justifying the fact that termination and dismissal of employee could not be done on generous dismissal package. Any kind of statutory requirements is not valid and legally justifiable if it hurts or harms the interest of employee in any manner. Sections 230 and 235 of the Canada Labour Code argued that employer are permitted for dismissal only on ‘cause’ basis or ground. The termination and severance payment provisions are also not adequate...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here