Can management exercise their own rights when refusing to continue to employ an employee?
Canada (Federal), Canada
The following excerpt is from MacFarlane v. Day & Ross Inc., 2010 FC 556 (CanLII):
As held in McLeod v. Egan, 1974 CanLII 12 (SCC), [1975] 1 S.C.R. 517, managements rights must be exercised in accordance with the employees statutory rights. This principle applies where the concerned employee is subject to a collective labour agreement and with even greater logic where no collective labour agreement exists. Those statutory rights include those set out in section 7 of the Canadian Human Rights Act which provides that it is a discriminatory practice to refuse to continue to employ an individual on a prohibited ground of discrimination.
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