Termination Under the LSA (Lesson 4.9) Flashcards
What is the employee’s recourse under LSA Article 124?
An employee with two years of uninterrupted service who believes they were dismissed without good and sufficient cause may file a complaint within 45 days.
Who must prove the dismissal was justified?
The employer bears the burden of proving there was good and sufficient cause.
What are valid reasons for dismissal under LSA 124?
Economic restructuring (e.g., downsizing)
Serious fault under CCQ 2094
What would not qualify as a sufficient cause?
Replacing a senior employee with a cheaper one under a new title but same duties.
What can the Labour Standards Commission order under LSA 128?
Reinstatement of the employee
Back pay for time lost
Severance pay if reinstatement is not appropriate
Any fair and reasonable decision in context
What severance or notice period is required under LSA Article 82?
3 months to <1 year → 1 week
1 to <5 years → 2 weeks
5 to <10 years → 4 weeks
10+ years → 8 weeks
Who is not entitled to severance under LSA 82.1?
Employees with <3 months of service
Fixed-term contract employees at end of term
Employees fired for serious fault (CCQ 2094)
When termination is due to superior force (e.g., natural disaster)
When should an employee use LSA Article 124?
When they want to get their job back.
When should an employee use CCQ Article 2091?
When they do not want reinstatement, and are seeking severance compensation instead.
Can an employer require an employee to use one legal route over the other?
No – under CCQ 2092, employees have a public order right to choose their legal recourse.
Can the Commission order reinstatement for domestic or live-in care workers?
No, because the work occurs in a private residence, and reinstating someone unwanted in the home poses safety risks.
