Canada Labour Code s.240 — Unjust Dismissal Demand (Federal Employees)
Pre-filing demand for federally-regulated employees dismissed without just cause. Cites Canada Labour Code (R.S.C. 1985, c. L-2) ss. 240–242 + CIRB adjudication (post-Bill C-44 2019 reform) + s.246.1 anti-reprisal. Eligibility: 12+ months continuous service, non-managerial, non-unionised. Filing deadline: 90 days from dismissal (s.240(2)). Remedies under s.242(4): reinstatement, back-pay, aggravated damages per Honda v. Keays 2008 SCC 39. Filing is free at canada.ca. UPL-safe at intake; CIRB adjudication benefits from contingency-fee employment counsel.
Statute of Limitations Warning
Legal deadlines apply to your claim. You lose your right to act if you wait too long. Send notice as soon as possible.
Why this letter works:
- Cites the exact law: Automatically applies the correct state and federal statutes to your situation.
- Sets a firm deadline: Legally compels a response within the required statutory timeframe.
- Creates a paper trail: Designed to serve as Exhibit A if you need to escalate to an agency or court.
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One-time price:$39≈ C$55Paid once at the end. No subscription.
Why $39?
High-stakes letters cover claims where recovery is typically 6–18 months of severance, six-figure equity, or a federal tax lien — situations where $19 would be dramatic underpricing relative to the stakes. The $19 default still applies to the rest of the catalog. Same fix-or-refund guarantee on every tier.
Your Action Plan
This is the final formal demand before litigation.
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Your letter includes a firm deadline. Do not engage in informal text messages during this time.
If they miss the deadline, you have completed the required out-of-court steps. Hand this complete paper trail to a local attorney for litigation.
Eligibility Check — CLC s.240(1)
Three statutory eligibility requirements: (1) federally-regulated employer; (2) 12+ months continuous service; (3) NOT a manager; (4) NOT subject to a collective agreement. Confirm all four before proceeding.
This letter will cite
Canada Labour Code Part III (R.S.C. 1985, c. L-2) ss. 240, 241, 242 — unjust dismissal complaint, mediation, adjudication; CIRB jurisdiction (Bill C-44 2019 reform shifted from external adjudicators to the Canada Industrial Relations Board); s.246.1 (anti-reprisal, reverse onus); s.242(4) (remedial powers including reinstatement, back-pay, compensation, damages)
This letter establishes the dismissal facts and your statutory entitlement before the 90-day s.240(2) clock expires. Filing the formal complaint is free at canada.ca.
The 90-day filing deadline under CLC s.240(2) runs from this date. Do not delay — late filings are barred unless the Labour Program grants an extension.
Must be 12+ months under s.240(1)(a). Service interrupted by employer-caused breaks or temporary lay-offs may still count — see CLC s.189 for continuity.
The Supreme Court of Canada in Wilson v. Atomic Energy, 2016 SCC 29 confirmed that CLC s.240 ousts the common-law right to dismissal-without-cause for non-managerial employees. 'Manager' is interpreted narrowly — direct reports + meaningful authority. Title alone is not determinative.