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At Monkhouse Law we are experienced in federal employment matters. We have extensive experience representing bank employees specifically.
A majority of employment law matters center around provincial legislation, specifically in Ontario the Employment Standards Act, 2000 which most employees are familiar with, even if in a limited sense.
However for federally regulated employees-employees in the banking, transportation and government sector, to name a few, the Canada Labour Code (R.S.C., 1985, c. L-2)-effectively the federal equivalent of the Employment Standards Act, 2000– provides a set of rules by which federal employees can determine their entitlement to severance, benefits, and associated employment entitlements.
In regards to minimum notice, the Canada Labour Code provides that employees of three to twelve months’ tenure are eligible for 2 weeks’ notice upon termination, and employees exceeding twelve months’ tenure are eligible for the following: two days wages per year of employment and five days wages at regular rate for employees of 12 months or more.
Minimums only a starting point
However, like the Employment Standards Act, 2000, this is only the ‘minimum’ notice, and is not intended to limit tenured or senior employees’ entitlements upon termination. Common law notice, even in the case of a federal employee, will apply, and will depend on the Bardal factors (Age, tenure, position, skill set) as established in Bardal v. Globe & Mail Ltd. , O.J. No. 149 (Ont. H.C.J.)
Unjust Dismissal for Federal Employees – Requests for Reinstatement
There are some key differences between the Canada Labour Code and Employment Standards Act, 2000, however. The Canada Labour Code contains what is called a ‘right to reinstatement’ for employees of twelve months or longer, as provided in section 240. This is why it is important to visit an employment lawyer in the event you are wrongfully dismissed so that you know which of your options is better as the decision to go with the courts, or an adjudicator, must be done quickly (within 90 days of termination).
We have represented employees before the civil courts, tribunals and the ESDC/HRSDC. If you are a federally regulated employee and have an employment law issue you’d like to discuss, contact Monkhouse Law to see how an employment lawyer can assist. Simply fill out the form below for a free callback from us about your issue.
To arrange your free confidential 30 minute phone consultation make sure to contact us today.