In Hussey v Bell Mobility ( 2022 FCA 95) Justice Pelletier was reviewing the decision of a Unjust Dismissal Adjudicator who, having found that the employee was unjustly dismissed, refused to reinstate her as he was not satisfied that given the employee’s past actions and her lack of remorse and self reflection, that there existed the grounds for a viable continuing employment relationship.
Canada labour Code
Suppose an employer knows that its employee is working overtime, but that employee did not request permission from the employer to work overtime in advance. Is the employer responsible to pay the employee, when the employee seeks compensation for the overtime worked?
Many arbitration decisions have held that it is illegal for the employer to require the employee to sign a release waiving their rights under the Canada Labour Code as a term of a settlement offered at the time of termination.