For employers, that interpretation of section 240 marks a significant change in the way
the majority of adjudicators have interpreted and applied the unjust dismissal provisions.
Not exact matches
Fraser spent the
majority of her career in Saskatchewan, where she trained lawyers and
adjudicators hearing the testimony
of Aboriginal students who were abused at residential schools.
The chambers judge quashed the
adjudicator's decision on the basis
of timing, and the
majority of the Court
of Appeal upheld the chambers judge's decision.
A
majority of the Supreme Court
of Canada (SCC) allowed the IPC's appeal (per Justices McLachlin CJ, LeBel, Fish, Abella, Charron and Rothstein), reinstating the
adjudicator's order and remitting the matter to the chambers judge to consider the issues that were not dealt with in the original judicial review.
Federally, since the introduction
of the unjust dismissal legislation under the code in 1978, the vast
majority of federal
adjudicators held that dismissals could only be affected on a just - cause basis.