CanadaCan a court order my former employer to give me a positive letter of reference as a remedy for unjust dismissal?
Yes, a court or adjudicator under the Canada Labour Code can order your former employer to provide a positive letter of reference as a remedy for unjust dismissal — but only if the order is reasonable, justified, and respects freedom of expression.
What the Law Says
The Canada Labour Code gives adjudicators broad remedial powers in unjust dismissal cases — including ordering employers to issue letters of reference — but those orders must be fair, proportionate, and consistent with the Charter.
Under section 240 of the Canada Labour Code, non-unionized employees with at least 12 months of continuous employment may file a complaint if they believe their dismissal was unjust. If the complaint is upheld, an adjudicator may order 'any other equitable remedy' that they consider appropriate.
This includes remedies like reinstatement, compensation for lost wages, or non-monetary orders — such as requiring an employer to provide a letter of reference. However, the law does not guarantee a 'positive' letter; rather, it permits orders that are just and reasonable in the circumstances.
Statutory TextNon-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 adjudicators have the authority to order reference letters — but also set constitutional limits on how those orders can be worded.
The Court upheld an adjudicator’s order requiring the employer to provide a letter of recommendation — but ruled that mandating *specific wording* (e.g., calling the employee 'honest and reliable') violated freedom of expression under s. 2(b) of the Charter. The remedy was modified to require only a neutral, factual letter.
What to Do
Confirm you meet the eligibility: 12+ months of continuous employment under federal jurisdiction (e.g., banking, telecom, interprovincial transport).
File an unjust dismissal complaint with the Canada Industrial Relations Board (CIRB) within 90 days of termination.
Request a letter of reference as part of your remedy — specify it should be factual, accurate, and neutral (not forced praise).
Be prepared to show how the lack of a reference harms your job search — this strengthens the reasonableness of the request.
If ordered, your employer must comply — but cannot be forced to express subjective opinions that violate their Charter rights.
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.