Losing your job is never easy—especially when you feel the dismissal was unfair. If you’re a federally regulated employee in Canada, your rights are protected under the Canada Labour Code. You may have the option to file an unjust dismissal complaint, a process designed to ensure fair treatment in federal workplaces.
At Abougoush Law, we understand the stress, uncertainty, and financial pressure that follow a sudden termination. Our experienced employment lawyers for federal workers are here to support you every step of the way. This guide explains your rights, outlines the complaint process, and shows how we can help you get the justice you deserve.
What Is Unjust Dismissal Under Canadian Federal Employment Law?
Unjust dismissal refers to being terminated without just cause and without proper notice or severance, particularly when due process hasn’t been followed. For federally regulated employees, your job is protected by Part III of the Canada Labour Code—specifically Section 240 to 246.
If your dismissal was arbitrary, retaliatory, or lacked valid reasons, you might be eligible to file a complaint and seek remedies like reinstatement, compensation, or both.
Who Is Covered by the Canada Labour Code?
The Canada Labour Code applies to employees in federally regulated industries, such as:
- Banking
- Telecommunications
- Interprovincial transportation (e.g., trucking, railways)
- Aviation and airports
- Federal Crown corporations
- Ports and shipping
- Radio and television broadcasting
To qualify, you must be:
- Not a manager or executive
- Continuously employed for at least 12 months
- Not dismissed due to economic reasons (layoffs or downsizing)
Step-by-Step: How to File an Unjust Dismissal Complaint in Canada
1. Act Quickly – Time Limits Matter
You must file your complaint within 90 days of your dismissal. Missing this deadline could cost you your rights.
2. Submit a Written Complaint
Send your complaint to Employment and Social Development Canada (ESDC) through the Labour Program. Your letter should include:
- Your full name and contact information
- Employer’s name and address
- Your job title and employment dates
- Date and details of the dismissal
- Why you believe it was unjust
You can submit it online or by mail to your regional Labour Program office.
3. Initial Review and Mediation
Once received, a federal Labour Inspector will assess your complaint. If it qualifies:
- Mediation may be offered to resolve the issue informally
- If mediation fails or is declined, the case can be referred to an adjudicator
4. Adjudication Hearing
The adjudicator—a neutral third party—will:
- Review all evidence
- Hear from both you and your employer
- Issue a binding decision
Common Grounds for Unjust Dismissal Claims
Some typical reasons for federal unjust dismissal complaints include:
- Being fired for raising health and safety concerns
- Dismissal after filing a harassment or discrimination complaint
- Termination without progressive discipline or warning
- Employer violating contractual or statutory rights
Required Documentation and Evidence
Gathering the right evidence strengthens your case. Key items include:
- Termination letter or notice
- Employment contract or job description
- Emails or messages from your employer
- Performance evaluations
- Witness statements
- Any prior disciplinary notices
What Happens During the Process?
Here’s what to expect at each stage:
Mediation:
- Informal, confidential setting
- Focuses on finding a mutually acceptable solution
- May result in compensation or a return to work
Adjudication:
- Similar to a court hearing
- Legal representation is highly recommended
- Decision is final and legally binding
Potential Outcomes of a Successful Complaint
If your complaint is upheld, the adjudicator may order:
- Reinstatement to your former position
- Compensation for lost wages
- Amendment of your employment record
- Damages for pain and suffering (in some cases)
How Abougoush Law Helps You Succeed
We’ve helped numerous federal employees in Alberta and across Canada navigate wrongful termination cases. Here’s how we can support you:
- Free initial consultation to assess your case
- Personalized legal strategy from seasoned employment lawyers
- Strong representation at mediation and adjudication
- Clear communication at every step
We’ve seen firsthand how emotional and financially draining these cases can be. Our goal is to protect your rights and help you move forward with dignity and confidence.
Common Mistakes to Avoid
Waiting too long to file your complaint
Submitting vague or incomplete information
Going into mediation without legal advice
Not keeping a written record of your termination
Failing to understand whether your job qualifies under federal jurisdiction
FAQs About Federal Unjust Dismissal Complaints
Can I be reinstated after a successful complaint?
Yes. Under Canada Labour Code Section 240, reinstatement is one of the primary remedies—especially if there’s no breakdown in trust.
What if my employer claims it was a layoff?
You may still qualify if the “layoff” was a cover for termination. We can help assess the true nature of your dismissal.
Do I need a lawyer to file a complaint?
You can file on your own, but legal representation significantly improves your chances, especially during mediation and adjudication.
Take the First Step Toward Justice
If you believe you were wrongfully terminated from a federal job, don’t navigate this alone. Contact Abougoush Law today for your free consultation. Let us stand up for your federal workplace rights in Canada and help you reclaim the outcome you deserve.
Speak with an experienced employment lawyer for federal workers.
