Many employers are asked to provide references for former employees. As a legal matter, the general rule of law in writing the reference, as in all things, is to be honest and act in good faith.

A reference can sometimes be problematic because in essence one is asked to act on behalf of two parties, one of which may be unknown. Many employers quite understandably feel a desire to assist the person who is now looking for employment, but there is also an obligation to provide an honest assessment of the person’s strengths and weaknesses for any potential new employer.

This balance was put to the legal test in the case of Kanak vs. Riggin.

On January 17, 2019, the Supreme Court of Canada denied leave to appeal in the case, upholding a 2018 Ontario Court of Appeal decision and the 2017 trial judge’s decision which affords employers the ability to “give a job reference with candour as to the strengths and weaknesses of an employee”.

Kanak v. Riggin suit for Defamation

Ms. Kanak, a former employee of Mr. Riggin, sued Mr. Riggin in 2017 for defamation, pleading that she lost the opportunity for a new job because Mr. Riggin’s reference (a positive reference being a prerequisite for the new position) contained unflattering statements about her that she alleged were motivated by malice, spite and a desire for revenge.

Mr Riggin had written in the reference provided to the new employer that:

• There was a lot of conflict between Ms. Kanak, her supervisor and other employees;
• Ms. Kanak did not take directions well;
• Ms. Kanak was narrowly-focused;
• Ms. Kanak did not handle stress well; and
• He would not re-hire her.

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Mr. Riggin denied being motivated by malice. Malice is a key component in the finding of defamation, but liability for defamation can arise only where the statements are malicious AND false. 

One of the complicating factors in the case was that contrary to what was written in the reference, Ms. Kanak had consistently received positive performance reviews and merit-based pay increases during her employment working under Mr. Riggin. She had been laid off, along with other employees, due to the sale of the business and through no fault of her own.

The 2017 Trial Court Decision

Establishing motivation for written words is always a difficult thing to prove. Turning to the written words themselves, the legal test for defamation (along with the words being false) requires that all of the following be established:

• That the words are defamatory, in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person;
• That the words in fact referred to the plaintiff; and
• That the words were published, meaning that they were communicated to at least one person other than the plaintiff.

Clearly these three components are all established in the case of Kanak v. Riggin. The question is the truth of the words and the intent of Mr. Riggin.

The trial judge’s decision found that Mr. Riggin’s statements about Ms. Kanak on their face didamount to defamation. However, the judge also found that ‘qualified privilege’ (protection from a defamation claim where the person has an obligation to respond, such as a request for a reference) applied as a defence, writing:

The social policy underpinning the protection of employment references in this manner is clear: an employer must be able to give a job reference with candour as to the strengths and weaknesses of an employee, without fear of being sued in defamation for doing so. 

Without this protection, references would either not be given, or would be given with such edited content as to render them at best unhelpful or at worst misleading to a prospective employer.

What this means for you

As I stated earlier, the law requires that people act with honesty and in good faith in what they say about others.

In addition to Mr. Riggin’s position that his actions were honest and made in good faith not being disproved at trial, the important part of the decision is in the trial judge’s decision regarding qualified privilege.

With the upholding by the Supreme Court of Canada of the Court of Appeal’s decision, employers clearly have the ability “to give a job reference with candour as to the strengths and weaknesses of an employee, without fear of being sued in defamation for doing so.”

Bill 47, containing changes to  the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA) received royal assent on On November 21, 2018. For your reference, you can click here to access the full text of Bill 47.

The changes to the ESA come into force on January 1, 2019. The changes to the LRA came into force on November 21, 2018.

In the interests of clarity, rather than detail which changes were made and repealed and which amendments are new, this email outlines the legislation you should now follow. There are some exceptions in which it makes more sense to refer to entitlements that were introduced in the Liberal government’s Bill 148 and subsequently repealed by the current government in Bill 47. The most important aspects are outlined below.

Changes to Employment Standards Act, 2000 – In force January 1, 2019

Minimum Wage

Minimum wage is frozen at $14 until October 1, 2020
Starting October, 2020, minimum wage will be subject to an annual inflation adjustment.

Scheduling
All of the changes in respect of scheduling are repealed, except that employees who regularly work more than three hours a day and are required to present themselves for work, but who work fewer than three hours, will be entitled to a minimum of three hours’ pay

There is an exception to this three hour minimum if the shift is shortened because of events beyond the employer’s control (e.g. fire, power failure)Personal Leave

Personal emergency leave is repealed and is replaced with three broad categories of leave: Sick Leave, Family Responsibility Leave, and Bereavement Leave. Each applies separate from each other.

Entitlements:

• Sick leave: Three (3) days
• Family Responsibility: Three (3) days
• Bereavement: Two (2) days

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Evidence reasonable in the circumstances can be requested by an employer, including a doctor’s note
Eligibility for these leaves begins after two consecutive weeks of employment with the employer
These leave days are deemed to be taken as entire days, regardless of whether or not the employee is off work for the entire day
Each new category of leave is unpaid

Other Leaves
Domestic and Sexual Violence

• Up to ten (10) individual days and up to fifteen (15) weeks, with the first five (5) days 
• Up to two years (104) weeks

Death of a Child or Crime-related Disappearance:  Parental:  

• If the employee took a pregnancy leave: Sixty one (61) weeks
• If the employee did not take a pregnancy leave: Sixty three (63) weeks
• Twenty eight (28) weeks in a one year (52 week) period

Family Medical: Critical Illness Care:

• For a child: Thirty seven (37) weeks in a one year (52 week) period 
• For an adult: Seventeen (17) weeks in a one year (52 week) period

Employee Classification

Employers have the obligation to classify employees correctly

Public Holiday Pay
Public holiday pay is calculated as:
Total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, this amount then divided by 20 (This is a return to the pre-Bill 148 formula)

Vacation Time/Pay

• Employees with fewer than five (5) years of service: Two (2) weeks’ vacation time/pay

• Employees with five (5) or more years of service: Three (3) weeks’ vacation time/pay

Equal Pay for Equal Work

• On the basis of sex: Equal pay for equal work, on the basis of sex, applies to employees who perform substantially the same (but not necessarily identical) jobs for the same employer
• On the basis of employment status (part-time, full-time, seasonal, casual) and for temporary help agency employees: There is no obligation for the employer to pay equal pay for equal work on this basis.

Penalties for Contravention
Penalties are $250/$500/$1000 for first/second/third administrative contravention

Wage Review

The new bill repeals entitlements introduced by Bill 148. That is, as of January 1, 2019, employees are not entitled to request a review of their wages.

Scope of the Act

Persons who perform work in a simulated job or working environment (for the primary purpose of his or her rehabilitation) are covered by the Employment Standards Act.

Note: this change comes into force on a day to be named by proclamation of the Lieutenant Governor

Changes to the Labour Relations Act, 1995 – In force as of November 21, 2018

Union Certification
Card-based certification in each of these industries – home care and community services industries, building services industry, and temporary help agency industry – is repealed to certification regulations previous to Bill 148

Remedial Certification
Remedial certification is only available if no other remedy would be sufficient to counter the effects of the employer’s contravention (This is a return to the original pre-conditions for the OLRB to certify a union as a remedy for employer misconduct)

First Collective Agreement Mediation
The first collective agreement mediation and mediation-arbitration introduced in Bill 148 are repealed and Bill 47 returns first collective agreement arbitration provisions to the pre-Bill 148 legislation

Employee Lists
Trade unions are not entitled to obtain a list of employees or their contact information from an employer, even if there is evidence of 20% support of the employees involved.

IMPORTANT: In the previous bill, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), unions may have gained access to an employee list. A trade union must destroy any employee contact list obtained under the previous version of the LRA.

Educational Support

Employees are not entitled to request educational support in the practice of labour relations and collective bargaining

Review of Bargaining Unit Structure
An employer or union is not entitled to apply to the OLRB to review the structure of a bargaining unit after certification (but prior to entering into a collective agreement)

Strike or Lock-out Timelines
Where there is no collective agreement in force, no strike or lock-out is permitted until nine (9) days after the release of the conciliation report, or sixteen (16 days) after the release of a notice that the Minister will not appoint a conciliation board

Reinstatement of Employees after Strike
The pre-Bill 148 legislation is restored that an employer must reinstate an employee where an application is made within six months following the commencement of a lawful strike

Notices and Communication
For any proceeding under the LRA, any notice or communication may be sent by mail, courier, fax, or email

Penalties and Fines
The penalties are set at $2,000 for individuals and $25,000 for organizations. (This is a restoration of the Pre-Bill 147 amounts)

There have been significant changes to employment law in Ontario over the past two years. Many changes were introduced in January of this year, others were instituted halfway through 2018 and still more scheduled were to come into effect in 2019.

The latest proposed changes are contained in Bill 47, legislature introduced by the Ontario government on October 23.

Many of the changes repeal elements of the previous government’s legislation (Bill 148) and Bill 47 proposes to significantly alter elements of Ontario’s Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995 and the Ontario College of Trades and Apprenticeship Act, 2009.

The Bill is only at the First Reading stage, and is therefore subject to change as it goes through the legislative process. However, given that the government holds a majority of the seats in the Legislature, it is likely that the final version of Bill 47 will be substantially similar to what is currently being proposed. If and when Bill 47 is passed, the intention is for the changes to take effect on January 1, 2019.

At this time, there is not a need for employers to take immediate action to update policies or practices, but this post highlights some changes that are most likely to be passed

While many of the changes in Bill 47 repeal elements of the previous government’s legislation, in the interests of simplicity, the focus here is on the changes to come rather than comparing the laws in place now and previously.

Minimum Wage
The minimum wage is currently $14.00 per hour and will be frozen at $14.00 until October of 2020, at which time it will return to the practice of rising with inflation.

Equal Pay for Equal Work
Bill 47 would remove the definition of “difference in employment status” from the Employment Standards Act.
This would mean that part-time, casual, temporary, and assignment employee status workers (temporary help agency status) would not be guaranteed the same pay entitlements as full-time permanent workers.

The existing rules of equal pay for equal work based on gender will continue unchanged.

Personal Emergency Leave
Until December 2018 employees are entitled to 10 days of emergency leave, two of which are paid.

Under Bill 47, those Personal Emergency Leave provisions are being repealed and replaced on January 1 2019 by:

• Three (3) unpaid personal illness days;
• Two (2) unpaid bereavement days; and
• Three (3) unpaid family responsibility days.
• Bill 47 would also give employers the right to require evidence of entitlement to the leave (e.g., a note from a qualified health practitioner).
• Regarding domestic and sexual violence, the provisions introduced at the beginning of 2018 (in Bill 148) will remain without change.

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Call in Pay
Bill 47 repeals the requirement that was to come into effect on January 1, 2019 that employers were required to pay 3 hours pay to employees on call in regardless of whether the employee was called into work.

Request for schedule or work location changes
In effect, the enactment of Bill 47 will mean that laws regarding request for schedule or work location changes do not change from existing law.

The previous government had proposed changes in the regard, but those changes were scheduled to come into effect on January 1, 2019. If passed, Bill 47 would repeal those proposed scheduling provisions and the law in effect now would carry through beyond January 2019.

Bill 47 does contain a new three-hour rule: if an employee who regularly works more than three hours a day is required to report to work, but works less than three hours, the employee would be paid for three hours.

Public Holiday Pay
This is the area which has probably caused the most confusion in the past year. Bill 47 looks to repeal the public holiday pay formula that was set out in Ontario Regulation 375/18 and was part of Bill 148.

The formula will revert to the previous public holiday pay formula, that is the public holiday pay formula that was in effect for many years up until the Victoria Day holiday of 2018, when Regulation 375/18 was implemented.

Importantly, the public holidays in December of this year will fall under the rules that took effect after Victoria Day, under Regulation 375/18.

Pay for the first public holiday of 2019, if Bill 47 is implemented, will be calculated under the formula used prior to 2018 that you are very familiar with.

Regarding Vacation Pay, employees’ will be eligible for three weeks’ vacation after five years of employment. Employees with less than five years of service are entitled to two weeks’ vacation.

Contract Employees
In misclassification claims under Bill 47, the onus will not be on employers to prove that independent contractors and other non-employees were not employees.

Labour Relations Act
Bill 47 also proposes substantial changes to the Labour Relations Act. Noted below are the most generally applicable changes. Other proposed revisions are quite detailed and apply only in specific circumstances. If you would like to contact me, I would be happy to provide you with the complete information available at this time.

• A secret ballot system (instead of card-based certification) will apply to workers in home care, building services, and temporary help agencies
• Employers will not be required to hand over employee contact information once a union establishes 20% support for certification.
• Remedial certification rules will revert to pre-2018 rules
• Also reverting to pre 2018 rules will be:
• A six month limit on an employee’s right to reinstatement after a strike or lock-out.
• Rules for first collective agreement mediation and mediation-arbitration provisions and access to first agreement arbitration have reverted back to the criteria in place prior to Bill 148. First collective agreement arbitration will only be granted where one of the parties has undermined the negotiations.
• Fines for breach of the Act will return to a maximum of $25,000 for a corporation or trade union, and $2,000 for individuals.

On April 1 the Equal Pay for Equal Work provisions of Bill 148 – Fair Workplaces, Better Jobs – went into effect, with one exception. If you are a unionized employer with a Collective Agreement in place, the changes below will not be required until the earlier of: the expiry of that Collective Agreement or January 1, 2020.

FOR ALL OTHER EMPLOYERS – regardless of size or industry –  some important changes have been introduced that go beyond the equal pay-equal work provisions on the basis of sex.

The new provisions are separate from and additional to those related to sex, which were outlined in the Pay Equity Act. That act states that men and women must receive equal pay for performing jobs that may be very different but are of equal or comparable value. It further clarifies that the value of jobs is based on the levels of skill, effort, responsibility and working conditions involved in doing the work.

New provisions based on employment status

The equal pay-equal work provisions introduced April 1 follow the same intent but expand the scope.

The essence of the new provision (Section 42) is that all employees: part-time, temporary, assignment, seasonal and casual must be paid the same amount as a full-time employee performing equal work.

There are exceptions outlined in Section 42.1 (2) which allows differences in pay under certain circumstances:

1. a seniority system;
2. a merit system;
3. a system that measures earnings by quantity or quality of production; or
4. any other factor other than sex or employment status.

The ‘any other factor’ provision is one that is open to interpretation. One of these may revolve around the issue of responsibility. Many times part time employees do not carry the same consequences of responsibility, although in many cases that would be covered under the ‘seniority system’ exception.

Important guidance is contained on the Ministry’s site in which they say

“Although it is not a requirement, employers may wish to ensure that the factor is transparent, based on objective and measurable criteria, and applied equally to employees of all sexes and employment status.”

Some best practices

The Ministry also provides some advice on best practices:

Employers are encouraged to:

• review their pay structures to ensure that they are in compliance with the equal pay rules in the ESA
• develop a salary or wage rate grid that outlines the minimum and maximum rates of pay for each job and advise employees of how they will progress through the grid
• post wage rates or scales for advertised job vacancies
• avoid asking job applicants about their prior compensation and benefits or looking for that information through other means during the hiring process

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The Ministry site also has other advice and explanations. https://www.ontario.ca/document/your-guide-employment-standards-act-0/equal-pay-equal-work

In a broader context, many of these best practice ideas are included in the webinar with Senior Employment Officer Wally Sinjakewitsch that we presented in February. The webinar does not cover the Equal Pay-Equal Work provisions of Bill 148 but details other important changes to the Employment Standards Act that effect all Ontario employers.

If you would like to see the webinar please contact us.

 

Under the Ontario Employment Standards Act, 2000 (ESA) employers covered by the Act are required to post “the most recent version” of the Ontario Ministry of Labour poster which outlines rights and obligations under the ESA.

The recent Fair Workplaces, Better Jobs Act (Bill 148) makes changes to the ESA that render the previous version of the poster out of date and the Ministry has made available the newest version, 7.0, in pdf format.

Employers covered by the ESA must ensure that version 7.0 of the poster is posted in the workplace immediately and a copy distributed to every employee in Ontario.  Failure to do so would be in violation of the ESA and could expose employers to enforcement action.

Below are  links to download a copy of the Province’s new poster which can be printed out and posted in your workplace and distributed to employees.
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The poster must be posted in a location in the workplace where it is likely to come to the attention of employees.  Employers must also provide employees with a copy of the poster within 30 days of their hire date.

The English language poster must be displayed in English. In addition, if the majority language of a workplace is a language other than English and the Ministry has published a version of the poster in that language the employer is required to post a copy of the translation next to the English version of the poster.  Employees must also be provided with available translations of the poster, upon request.

Currently only an English version and a French version are available. The Ministry made available posters in other languages with version 6.0, so it is likely that same will be done for this new version at some time in the future.

In recent months many changes have been introduced to the Ontario Employment Standards Act and the Labour Relations Act, through the introductions of the Fair Workplaces, Better Jobs Act, 2017, also referred to as Bill 148.

These are among the most important and wide ranging, but there may be other changes that effect your workplace.

Please contact us if you have any questions or would like information related to your specific situation.

CHANGES TO THE EMPLOYMENT STANDARDS ACT

MINIMUM WAGE

• The general minimum wage increase to $14 per hour went into effect on January 1, 2018.,
  • Student minimum wage (under 18 years) has increased to $13.15 per hour.
  • Minimum wage for liquor servers is now $12.20 per hour.

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• On January 1 2019 the minimum wage will further increase to $15 per hour.

PART TIME, CASUAL, TEMPORARY AND SEASONAL EMPLOYEES

• Effective April 1, 2018, employers will be required to pay part-time, casual, temporary, and seasonal employees who perform substantially the same kind of work in the same workplace the same wage rates as their full-time counterparts.
  • Temporary help agencies must pay employees who are doing substantially the same work in the same workplace as the other employees of the agency’s client at the same rate as regular employees of the agency’s client.

VACATION TIME AND PAY

• Employees with five (5) years of service with the same employer are entitled to:
  • Vacation time: three (3) weeks
  • Vacation pay: six percent (6%) of gross earnings.

EMPLOYEE PERSONAL EMERGENCIES

• Employees can now to take up to ten (10) days of job-protected leave for personal emergencies.
  • If the employee has been with the employer for longer than one (1) week, the first two (2) days of the leave are paid. The rest are unpaid.
  • NOTE: This rule previously applied only to workplaces with more than 50 employees. It now applies to all workplaces.
• Employers can require employees to provide evidence for a personal emergency but cannot require that evidence to be a note from a physician, registered nurse or psychologist.
• If an employee who has been with an employer for 13 consecutive experiences or receives threats related to, domestic or sexual violence, or if the employee’s child experiences or receives threats related to domestic or sexual violence, the employee is entitled to up to 10 individual days of leave and up to 15 weeks of leave.

FAMILY MEDICAL LEAVE

• Family Medical Leave is increased to up to 28 weeks in a 52-week period. (Formerly this was set at up to eight weeks in a 26-week period)

LOSS OF A CHILD

• Parents who have lost a child (under 18 years of age), regardless of the cause, are entitled to a protected leave of up to 104 weeks. (Formerly this leave was entitled only to parents who experienced loss of a child as a result of crime.)

PREGNANCY LOSS

• Employees who experience pregnancy loss can seek a 12-week extension (formerly six (6) weeks) to their 17-week leave.

ENFORCEMENT AND EDUCATION

• The Province of Ontario is hiring up to 175 more employment standards officers to enforce these and all changes to the Acts.
• Programs will be offered to educate both employees and businesses about their rights and obligations under the new provisions.

CHANGES TO THE LABOUR RELATIONS ACT

All changes effective January 1, 2018.

DISCIPLINE AND DISCHARGE

• An employer is prohibited from disciplining or discharging any employee in a bargaining unit without just cause between:
  • the date of certification and the date a first contract is entered into (or the date when the union no longer represents that bargaining unit, if earlier)
  •  OR
  • between the date of the legal strike or lockout and the date the new collective bargaining unit is entered into (or the date when the union no longer represents that bargaining unit, if earlier).

UNION CERTIFICATION

• Among changes that make it easier to achieve union certification, unions can access employee lists and certain contact information if they can demonstrate 20 percent support of employees in their proposed bargaining unit.
• Card-based union certification is now permitted in these industries and sectors:
  • temporary help agency
  • building services
  • construction
  • home care
  • community services

 

 

CBC Television in Ontario is running a recurring news series – Hard at Work – on the impact of potential changes to the province’s labour laws, the current state of labour and employment laws and the impact on workers and employers.

As part of the series James LeNoury spoke with host Dwight Drummond on CBC News Toronto answering questions about the rights and obligations of both employers and employees.

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While there is no set schedule, the series runs on CBC News in Toronto and other Ontario centres at 6:00 PM weekdays. Past stories can be found by searching for ‘CBC News Hard at Work Series.’

Making the Lexpert Top 10 is another prestigious recognition of LeNoury Law.

Lexpert is one of the most comprehensive and respected sites in Canadian law, and their annual Top Ten lists are eagerly anticipated every year, kind of the Academy Awards of Canadian law.

I am excited that one of LeNoury Law’s cases was included in their Top Ten Business Decisions of 2016, the case Wilson v Atomic Energy of Canada which was presented to the Supreme Court of Canada in January of 2016.

This recognition follows on being awarded HR Reporter’s Employment Lawyer of the Year Award last September.

This article at Lexpert.ca outlines all of the top ten decisions, including WIlson v AECL.
This article at HR Reporter gives a more complete outline of the case.

On July 14, 2016 the court ruled 6-3 in favour of Joe in a landmark decision clarifying and confirming that non-unionized workers in federally regulated industries enjoy the same rights as unionized workers regarding unjust dismissal.
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An important judgment with far reaching implications

I am primarily a management-side employment lawyer, focusing on providing proactive advice for management, but this case, that was referred to me by a colleague, revolved around a fundamental statutory interpretation legal issue.

The outcome of the case effects 500,000 employees in Canada, and their employers, so it was a daunting challenge to work on something with such far and long reaching implications.

Thank you to all the people who joined LeNoury Law in working on the case.

The case required preparation and assistance from a long list of people, and I would like to thank these colleagues and associates without whose knowledge, hard work and commitment none of this would have been possible: Avi Sirlin, Reagan Ruslim, Bois Wilson, Raymond MacKinnon, Steven Barrett, Paul Champ, Jonathon Dawe, Tom Heintzman, Scott Hutchison, Professor Brian Langille, Stephen Moreau, Ethan Poskanzer, Ross Dunsmore, Peigi Ross, Bijon Roy, Neal Sommer, Professor Gilles Trudeau, Debbie  Wood.

In preparing for the case it was also an honour to have been able to discuss the law with Professor Harry Arthurs, who was commissioned in 2006 by the Minister of Labour to review Part III of the Canada Labour Code. He provided his insights and extensive legal experience to the case.

In recognition of the landmark Supreme Court of Canada decision Joseph Wilson v AECL, HR Reporter and Thomson Reuters have awarded James LeNoury the Employment Lawyer of the Year Award.

The 6-3 decision, in which the Court clarified and established that non-unionized workers in federally regulated industries enjoy the same rights as unionized workers regarding unjust dismissal, was the culmination of a file James first received in 2012.
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The outcome of this case effects 500,000 employees in Canada, and their employers, so it was a daunting challenge to work on something with such far and long reaching implications.

Read the full story on HR Reporter here »»

PRESS RELEASE

LANDMARK SUPREME COURT DECISION  RESTORES RIGHTS FOR 500,000 FEDERAL NON-UNIONIZED WORKERS.

Court confirms dismissal without just cause deemed unjust.

Ottawa, ON, (July 14, 2016 ) – In a decision today with wide-reaching impact, the Supreme Court of Canada ruled 6 to 3 in the case of Joseph Wilson v. Atomic Energy of Canada Limited that non-unionized employees of federally regulated businesses are entitled to similar protections against dismissal as those granted to unionized employees.

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“This is an extremely important judgment and confirms that employees of federally-regulated corporations and agencies cannot be terminated from their jobs except for just cause,” said Toronto employment James LeNoury, who represents Mr. Wilson and argued the case before the Supreme Court. “It overturns the Federal Court of Appeal ruling and brings the meaning of ‘unjust dismissal’ under the Canada Labour Code in line with the accepted interpretation that had been followed by the vast majority of adjudicators since the law’s introduction in 1978.”

The core issue in this case was whether federally regulated employers could dismiss employees without cause. Mr. Wilson was dismissed in 2009 after four years with federally regulated AECL. Although he’d been provided severance pay, he sought written reasons for his dismissal. Mr. Wilson suspected AECL’s true motive was reprisal for his earlier allegations of corruption in the department where he’d worked. The company provided a letter stating that Mr. Wilson was terminated on a non-cause basis and therefore refused to provide reasons. The Federal Court of Appeal upheld AECL ‘s decision.

“It is a relief to finally have this resolved,” said Mr. Wilson. “It wasn’t my intention to fight for all federally regulated non-unionized  employees, but I am glad that the Supreme Court has restored the law .”