Unjust Dismissal and the Remedy of Reinstatement

Genevieve Eden

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DOI: 10.2190/WAP6-0CNY-7ACK-9LVM

Abstract

This study analyzes unjust dismissal decisions for nonunion workers under the Canada Labour Code to determine the extent to which adjudicators have awarded reinstatement and to analyze the factors associated with reinstatement. The results show a distinct shift from an earlier pattern: since 1986, adjudicators have been awarding compensation more frequently than reinstatement. Logit analysis reveals factors that are significant predictors of the reinstatement remedy; however, overall there is a lack of stated rationale in adjudication decisions. Adjudicators may be influenced by the notion that reinstatement is less effective in a nonunion setting, and, thus the presence of a union may be a key variable in the effectiveness of the remedy of reinstatement.

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