Brampton whistleblower wins legal battle against company that fired him without cause
In landmark decision, Supreme Court affirms unjust dismissal protections for non-unionized federal workers

TheStar.com
July 16, 2016
Sara Mojtehedzadeh

In a landmark court ruling, a Brampton man has successfully challenged federally regulated companies’ ability to fire non-unionized employees without cause — affirming the right of half a million Canadian workers to protection against unjust dismissal.

After a six-and-a-half-year legal battle, the Supreme Court of Canada backed Joseph Wilson, 45, who claimed he was unfairly terminated by Atomic Energy of Canada Limited (AECL) for exposing “improper” procurement practices at the Crown corporation, according to court documents. While the company offered him a six-month severance package for his 2009 dismissal, it maintained that it did not need to give a justification for firing him.

But the ruling affirms that employees — unionized or not — can be terminated only for just cause under the Canada Labour Code.

In an interview with the Star, Wilson described his victory, which will impact 500,000 workers in sectors such as banking, telecommunications and airlines, as a “David vs. Goliath scenario.”

“I hope this gives (my former colleagues) some justice as well because some people didn’t have the opportunity or the ability to fight,” he said.

In an emailed statement, a spokesperson for AECL said the company “seeks to manage its human resources in compliance with Canadian labour laws and is pleased the Supreme Court of Canada has clarified the law in this area.

“We will review the recent Supreme Court decision and ensure that our human resource policies and practices are aligned.”

Toronto employment lawyer James LeNoury, who represented Wilson, said the decision also affirmed that non-unionized workers have similar remedies for unjust dismissal as their unionized counterparts, such as reinstatement with back pay.

Although the Supreme Court ruling applies only to federally regulated employees, LeNoury said it could have an impact on Ontario’s current review of its own employment and labour laws. As reported by the Star, non-unionized workers have no protection against unjust dismissal under the province’s outdated Employment Standards Act.

“I hope that they’re looking at ways, speedy ways for people to get their complaints resolved as opposed to going through the court procedure which can be lengthy. I say that looking at Wilson who has been tied up in the adjudication process,” LeNoury said.

Hassan Yussuff, president of the Canadian Labour Congress which intervened to argue in support of Wilson, called the decision “a vindication for (Wilson) for his courage and conviction to speak out in a whistleblowing exercise.

“Today the court ruled he is entitled to the same protections as other workers who are protected under the code,” he said.

“I hope as Ontario is reviewing its employment legislation that they will reflect on the Supreme Court decision today.”