Canada

Can my employer fire me without any reason in a federally regulated workplace?

12 months
Minimum service for protection
s. 240
Unjust dismissal provision
30 days
Filing deadline
SCC 2016
Wilson v. AECL ruling
The Short Answer

No — in a federally regulated workplace, your employer cannot fire you without reason after 12 months of service; you have the right to file an unjust dismissal complaint under the Canada Labour Code.

What the Law Says

The Canada Labour Code protects non-unionized employees in federally regulated industries from unjust dismissal — even if the employer offers severance.

If you work for a federally regulated employer (e.g., banks, airlines, telecoms, or federal Crown corporations) and have completed at least 12 consecutive months of employment, you are protected under section 240 of the Canada Labour Code.

This means your employer must have a valid, just reason to dismiss you — they cannot simply terminate you 'without cause' and rely only on common law notice or severance pay.

You have 30 calendar days from the date of dismissal to file a complaint with the Canada Industrial Relations Board (CIRB).

Statutory Text

Non-unionized employee with 12 months' service who believes dismissal was unjust may file a complaint.

Canada Labour Code, s. 240 — Unjust dismissal complaint

What Courts Have Said

The Supreme Court of Canada confirmed that federal non-unionized employees are entitled to substantive job protection — not just procedural fairness.

Wilson v. Atomic Energy of Canada Ltd.
Supreme Court of Canada · 2016

The Court held that under the Canada Labour Code, employers in the federal sector cannot lawfully dismiss non-unionized employees without cause — even with generous severance. Section 240 provides a substantive right to job security, not merely a process for challenging dismissal.

What to Do

1

Confirm your employer is federally regulated (e.g., banking, interprovincial transport, telecommunications).

2

Check that you have at least 12 consecutive months of service.

3

File an unjust dismissal complaint with the Canada Industrial Relations Board within 30 days of termination.

4

Gather evidence: employment contract, pay stubs, termination letter, and any communications about the dismissal.

5

Consider seeking advice from a lawyer or union representative familiar with federal labour law.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.