Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short

Dalhousie Law Journal, Vol. 34, No. 1, p. 51, 2011

30 Pages Posted: 23 Aug 2012

See all articles by Dianne Pothier

Dianne Pothier

Dalhousie University - Schulich School of Law

Date Written: 2011

Abstract

The author concludes that the Supreme Court of Canada’s narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively. Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquière, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting to disability discrimination in breach of human rights legislation. The author criticizes the majority holding that the case did not involve such a breach, as flying in the face of well-established human rights law.

Keywords: Wal-Mart, Honda, collective bargaining, human rights, labour, union, wrongful dismissal, remedy, disability, discrimination

Suggested Citation

Pothier, Dianne, Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short (2011). Dalhousie Law Journal, Vol. 34, No. 1, p. 51, 2011, Available at SSRN: https://ssrn.com/abstract=2135145

Dianne Pothier (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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