Canada Labour Code

242 (1) [Repealed, 2017, c. 20, s. 354]

(2) [Repealed, 2017, c. 20, s. 354]

Marginal note:Decision of the Board

(3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall

• (a) consider whether the dismissal of the person who made the complaint was unjust and render a decision thereon; and

• (b) send a copy of the decision with the reasons therefor to each party to the complaint and to the Minister.

Marginal note:Limitation on complaints

(3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if

• (a) that person has been laid off because of lack of work or because of the discontinuance of a function; or

• (b) a procedure for redress has been provided under Part I or Part II of this Act or under any other Act of Parliament.

Marginal note:Unjust dismissal

(4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to

• (a) pay the person compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person;

• (b) reinstate the person in his employ; and

• (c) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal.

Marginal note:Payments under subsection 230(1) or 235(1)

(5) For greater certainty, in making an order for compensation under subsection (4) the Board may, among other things, take into account any amount paid by the employer to the employee under subsection 230(1) or 235(1).