National Bank of Canada v. Canada ( Minister of Labour )
A-484-97
Létourneau J.A.
17/6/98
4 pp.
Appeal from Motions Judge's decision ([1997] 3 F.C. 727 T.D.) settlement between employer and employee upon employee's dismissal not preventing employee from laying complaint for wrongful dismissal-Canada Labour Code, s. 168 stipulating Division XIV of Code, dealing with right to lay complaint for wrongful dismissal, applies "notwithstanding any other law or any custom, contract or arrangement"-Appeal dismissed-No error in Motions Judge's interpretation of ss. 168, 240-S. 168 protecting employee's right to complain of unjust dismissal even if employee signing contract by which employment terminated-Easy to envisage situation where employee could, after having signed such contract, realize termination of employment not result of legitimate business restructuring as led to believe, but instead coloured or disguised attempt at wrongful dismissal-Also, failure to provide employer two pages attached to employee's complaint as well as copy of memo in which employee reported to have claimed forced to resign, not denial of natural justice to employer-Although preferable that missing material be given to employer, subsequent exchange of correspondence provided employer with adequate opportunity to express views on wrongfulness of dismissal-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 168 (as am. by S.C. 1993, c. 42, s. 13), 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15).