Recent layoffs at Rogers have affected employees across the company’s operations, including workers in telecommunications, with approximately 230 positions connected to the closure of six radio stations.
For affected employees, losing a job raises immediate questions about severance pay, benefits, bonuses and the right to challenge the termination. Because telecommunications and broadcasting are federally regulated industries, many Rogers employees are governed by the Canada Labour Code rather than Ontario’s Employment Standards Act, 2000.
This distinction can significantly affect an employee’s rights.
Are Rogers Employees Federally Regulated?
Many employees working in Rogers’ telecommunications and broadcasting operations are likely covered by the federal employment standards established under the Canada Labour Code.
However, coverage should be assessed individually. An employee’s rights may depend on their employer, role, workplace, union status, employment contract and the circumstances surrounding the termination.
Minimum Termination and Severance Entitlements
The Canada Labour Code establishes minimum termination entitlements for eligible federally regulated employees. Depending on an employee’s length of service and the circumstances of the termination, these may include:
- advance working notice or termination pay;
- statutory severance pay;
- outstanding wages and vacation pay;
- continued benefits during an applicable notice period; and
- written information describing the employee’s termination entitlements.
These statutory amounts are minimum requirements. An employee may be entitled to significantly more under an employment contract or the common law.
The proper amount can depend on factors such as the employee’s age, position, compensation, length of service, contractual language and prospects of finding comparable employment.
Can a Rogers Employee File an Unjust Dismissal Complaint?
Yes, in accordance with the Canada Labour Code, there is a special unjust dismissal process for certain federally regulated employees.
Unlike an ordinary wrongful dismissal claim, an unjust dismissal complaint may result in remedies such as reinstatement, compensation for lost income and benefits, restoration of seniority, or another remedy considered appropriate.
An employee may generally qualify where the employee:
- has completed at least 12 consecutive months of employment;
- is not covered by a collective agreement;
- was not terminated due to a redundancy in their role
- does not occupy a managerial position; and
- files the complaint within 90 days after the dismissal.
The Government of Canada provides additional information about eligibility and filing deadlines for unjust-dismissal complaints.
Regardless of whether pursuing an unjust dismissal claim is possible, employees still have the right to allege a wrongful dismissal in order to seek their severance rights.
Group-Termination Requirements
The Canada Labour Code also contains special rules where a federally regulated employer terminates a group of fifty or more employees within a four-week period at a particular industrial establishment.
Depending on how the reductions were structured and where the affected employees worked, group-termination requirements may include advance notice to the federal government and additional information or protections for affected employees.
The application of these provisions can be fact-specific, particularly where layoffs occur across different locations, departments or legal entities.
Do Not Assume the First Severance Offer Is Final
A termination letter normally presents the employer’s proposed package. It does not necessarily establish the employee’s full legal entitlement.
Before signing a release, an employee should review:
- the termination and severance calculations;
- the enforceability of the employment agreement;
- bonus, commission and incentive compensation;
- pension and benefit continuation;
- unused vacation and other outstanding compensation;
- whether a mass-termination rule applies;
- whether the selection for termination raises human-rights or reprisal concerns; and
- whether an unjust-dismissal complaint or court claim may be available.
A signed release may prevent the employee from pursuing further compensation or legal remedies. Employees should therefore obtain advice before accepting the package or allowing the 90-day unjust-dismissal deadline to expire.
For additional information, see Pelsmakher Law’s article on Microsoft layoffs and wrongful dismissal rights in Ontario and the firm’s broader employment-law insights.
What Should an Affected Rogers Employee Do?
An employee affected by the Rogers layoffs should preserve their employment agreement, compensation records, bonus plans, termination letter, severance offer and relevant workplace communications.
Employees should also avoid immediately signing a release and should record the date of termination carefully. The deadline for an unjust-dismissal complaint is generally only 90 days.
Frequently Asked Questions
Are Rogers employees covered by provincial or federal employment law?
Many Rogers employees are federally regulated because telecommunications and broadcasting fall under federal jurisdiction. The answer may nevertheless depend on the particular employing entity, position and nature of the employee’s work.
How much severance should a Rogers employee receive?
There is no single formula that applies to every employee. Entitlements may include minimum amounts under the Canada Labour Code as well as additional contractual or common law notice. Age, service, position, compensation and the employment agreement can all affect the result. Severance awards can span 24-26 months of total compensation, however, in exceptional circumstances, courts have awarded 33 months of severance to a terminated employee.
Can I file an unjust-dismissal complaint after being laid off?
Possibly, but the Canada Labour Code generally excludes a dismissal caused by a genuine lack of work or discontinuance of a function. Legal advice may be required to determine whether the employer’s stated reason accurately reflects the circumstances.
What is the deadline for an unjust-dismissal complaint?
A complaint must generally be filed within 90 days of the dismissal. Employees should not wait until severance negotiations are complete before considering this deadline.
Are managers entitled to file unjust-dismissal complaints?
Managers are generally excluded from the Canada Labour Code’s unjust-dismissal procedure, if their duties and responsibilities were truly managerial in nature, and not only in job title. They may still have substantial termination and severance rights under their contract and the common law.
Can an unjust-dismissal complaint result in reinstatement?
Yes. Reinstatement is one of the remedies potentially available, together with lost wages, restored benefits and seniority, and other appropriate relief. Reinstatement is not ordinarily available in a conventional wrongful-dismissal lawsuit.
Should I sign my Rogers severance package?
Employees should understand their complete legal entitlements before signing. A release will usually prevent further claims against the employer, even where the original offer was less than the employee may have been entitled to receive.
Speak With an Employment Lawyer
Employees affected by the Rogers layoffs may have rights under the Canada Labour Code, their employment agreements and the common law. The available options and filing deadlines should be considered before any severance package or release is accepted.
Pelsmakher Law advises employees on wrongful dismissal, federally regulated employment, severance packages and workplace disputes. Contact Pelsmakher Law to arrange a consultation.
This article provides general legal information and does not constitute legal advice. Employment rights depend on the specific facts of each case.
