July 19, 2016
[P]ursuant to subsection 167(3) [of the Canada Labour Code, R.S.C. 1985, c. L-2], managers are excluded from the unjust dismissal provisions available under Division I and XIV of the Code. [T]he Code does not define “manager”, due to the overarching complexity of management functions under federal jurisdiction. As such, in relevant case law, Judges and Adjudicators have interpreted the term “manager” in a narrow light, thereby limiting the extent of its exclusionary effect.
. . . . .
[I]t is the nature of the work that is actually performed, rather than the employee’s title or place in the management chain that must be used to determine whether he or she is a manager within the meaning of subsection 167(3). A person who is part of management and whose primary responsibility is in fact to manage is a manager within the meaning of subsection 167(3), whether that person is at the upper or lower end of the management chain.
(Sabbas and Hesquiaht First Nation, Re (2016), 2016 CarswellNat 333 (Can.Adjud.(CLC Part III)) at para. 62, 64 Quigley (Member))
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