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StatuteCanada Labour Code⊘ Repealed / No longer in force

Section 242 — Canada Labour Code

Repealed / no longer in force. This provision is no longer in effect. Check the current position before relying on it.

Text of the provision Official document

[Repealed, 2017, c. 20, s. 354] [Repealed, 2017, c. 20, s. 354] Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall consider whether the dismissal of the person who made the complaint was unjust and render a decision thereon; and send a copy of the decision with the reasons therefor to each party to the complaint and to the Minister. No complaint shall be considered by the Board under subsection (3) in respect of a person if that person has been laid off because of lack of work or because of the discontinuance of a function; or a procedure for redress has been provided under Part I or Part II of this Act or under any other Act of Parliament. If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to pay the person compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person; reinstate the person in his employ;

and do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal. For greater certainty, in making an order for compensation under subsection (4) the Board may, among other things, take into account any amount paid by the employer to the employee under subsection 230(1) or 235(1).

Official source: laws-lois.justice.gc.ca

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