The right to reinstatement is an employee’s right to resume their position following a wrongful dismissal. Unionized employees and federal employees have the right to seek reinstatement. Provincial employees generally do not have the right to seek reinstatement. Unionized employees can seek reinstatement pursuant to the terms of their collective agreement. Federal employees who have been dismissed and employed for more than 12 months can apply for reinstatement pursuant to section 240(1) of the Canada Labour Code if they make a complaint within 90 days of the dismissal.
