Firing for No Justifiable Reason
There are a number of different instances in which the employment of a unionized employee may be terminated for reasons unrelated to misconduct or poor performance.
Examples of what are referred to as "non-disciplinary discharge" in labour law include:
- Mandatory retirement of employees. Subject to any specific provisions in the collective agreement to the contrary, management generally has the absolute right to retire employees so long as the decision to retire an employee is made in good faith and in a non-arbitrary manner;
- Employees may be discharged as a result of the closing all or part of a business enterprise. Typically, the collective agreement will provide that such lay-offs are subject to seniority rights;
- Where the collective agreement provides that only union members may be employed, the unionized employee may be terminated in circumstances where he or she is expelled from the union;
- Incapacity of the employee, due to illness or injury.
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