In most cases where a non-unionized employee has been wrongfully dimissed, there is no possibility of getting his or her job back. For provincially regulated employees, there are exceptions in very specific types of cases, generally involving unlawful discrimination or retaliation against an employee who is seeking to enforce his or her statutory rights.

However, under the Canada Labour Code, a federally regulated employee has a more generalized right to get his or her job back (plus back pay which has been lost) if the following criteria are satisfied :

(1) period of employment must be for greater than one year;

(2) You are disqualified from reinstatement if you are a "manager". Whether you are legally considered to be a manager is not determined by your official title, but whether you have the type of authority normally associated with being a manager, such as the right to mete out discipline, the authority to hire and to fire, and to make decisions involving company policy. There are many employees with the title "manager" who are not considered to be a manager for the purposes of the CanadaLabour Code. Even though these employees bear the title of "manager", they may still qualify for reinstatement.

(3) You are disqualified from reinstatement if your "job function" has been discontinued or if you have been laid off due to lack of work. Your function can be discontinued in the course of a restructuring, but the substance of the restructuring can be scrutinized to ensure that the same job does not still exist under another name.

(4) There is a limitation period requiring the filing of a formal complaint with Human Resources Development Canada (Federal Department of Labour) within 90 days of termination. It is theoretically possible to have that date extended but you should never assume that the time limit will be extended and you should be sure to file in time. Even if this happens, you still have your rights at common law.

Even if you have been unjustly dismissed, and you meet all of the above qualifications, reinstatement is not guaranteed. It is possible that you will be awarded monetary compensation instead of reinstatement.

If monetary compensation is awarded, the amount awarded will be somewhat comparable to what is awarded by judges in lieu of reasonable notice at common law. However, the amounts awarded under the Canada Labour Code are usually more generous, because you are being compensated in lieu of being reinstated.

For an example of an actual Canada Labour Code decision, click here: Click Here