Excellent questions — and they show a clear understanding of how unionized and non-unionized employment relationships differ in Canada. Let’s unpack this carefully:

1. Without-Cause Termination in a Unionized Environment

Once a collective agreement (CA) is in place, the individual employment relationship is governed by the CA, not the common law or individual contract principles that apply to non-union staff.

Under a CA:

All discipline and discharge are “for just cause” unless otherwise specified.

A “without-cause termination” (i.e., dismissal with notice or severance in lieu) is generally not permitted once the CA is in force.

If the employer terminates an employee without cause, the union can grieve the termination and take it to arbitration, where the employer must demonstrate “just cause” under the CA.

So, even if you follow a fair process and have performance-related reasons, you still need to meet the “just cause” standard — or use a non-disciplinary layoff or redundancy provision if the CA allows it (e.g., lack of work, funding cut, or reorganization).

Bottom line: In a unionized setting, you cannot retain a unilateral “without-cause termination” right unless the union expressly agrees to include such a clause — and that’s extremely rare because it undermines the core protection of “just cause.”

2. Including a “Without-Cause Termination” Section

It’s generally not advisable to include a section referencing “without-cause termination” in the CA. Doing so could create a conflict with the fundamental “just cause” protection in most CAs.

Instead, you can:

Include a separate layoff or position-elimination clause, which allows terminations for operational reasons, usually with recall rights, notice, or severance conditions.

Maintain probationary period language, since employees within probation can usually be released “without cause” (subject to reasonableness and non-discrimination).

If your intent is to maintain flexibility, work with the union to clarify:

Layoff and recall procedures.

How terminations for funding loss or program closure are handled.

Whether fixed-term or project-based roles are excluded from the bargaining unit.

3. Meaning of “For Just and Proper Cause”

The phrase “for just and proper cause” is a variation of “for just cause” and is interpreted the same way by arbitrators.

It means:

The employer must have a fair, valid, and proportionate reason to dismiss the employee, following due process.

It does not allow for without-cause dismissal; rather, it reinforces that any termination must be justified based on conduct, performance, or bona fide operational grounds (through layoff provisions).

4. Key Takeaways

Once unionized, you lose the right to terminate “without cause.”

You must rely on the CA for any termination (disciplinary or non-disciplinary).

“Just and proper cause” = “just cause.”

To preserve flexibility, focus on clear layoff, redundancy, and probationary language, not without-cause clauses.

-HRInsider Staff