Employee Who Gets Severance Can Still Bring Unjust Dismissal Claim
A shipping company employee sued for unjust dismissal under Section 240 of the Canada Labour Code. The contract allowed for dismissal without cause; and the employer provided the termination notice the agreement required. So the adjudicator dismissed the claim without a hearing. The appeals court said the adjudicator should have let the employee present his evidence, citing Section 242 of the Code which requires adjudicators to decide the case after the parties get a chance to present their evidence. The adjudicator may still have found the dismissal unjust, even if the employer paid the necessary termination notice, the court explained [DHL Express (Canada) Ltd. v. Sigloy, 2016 FCA 78 (CanLII) March 8, 2016].