Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under Canadian law.

However, if a collective bargaining agreement (‘CBA’) exists between the employer and a unionised workforce, dismissals must be made in accordance with the terms of the CBA.

Note that federal and provincial law prohibits employers from taking adverse action against employees on the basis of sex, race, age, disability, colour, national origin, religion, and other prohibited grounds.

Consequently, when conducting dismissals of employees, employers must be careful to ensure that that the pool of workers whose contracts are being terminated cannot be construed as targeting protected groups.

In Quebec and under Canadian federal law (which applies narrowly to areas falling under federal jurisdiction), there is ‘just cause’ protection for many classes of employees, and this can have an indirect impact on employee selection in certain cases.

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Author: Mathews, Dinsdale & Clark

Date: July 2019