We are frequently asked by employees about how much pay in lieu of notice they are entitled to. While employees’ statutory notice entitlements are clearly established by the Employment Standards Code, common law notice is a matter of judicial discretion meaning there is no right or wrong answer to that question. While some lawyers will
A recent Alberta Court of Appeal decision provides welcome guidance on fixed-term employment contracts. Fixed-term employment contracts can be challenging to interpret if they are not drafted in clear and precise language. A question that often arises is what exactly was intended – is it that the employee can be terminated prior to the expiry
When the predominant reason for terminating an employee is a bad faith motive, such as a bias or dislike to a particular employee, termination for cause may be difficult to prove. While a particular serious incident, or series of incidents, often constitute termination for cause, when taken into account with a long serving employee and
While the character of one’s employment and the extent to which an employee has high level or senior managerial responsibilities, is declining in importance in the awarding of reasonable notice periods, traditionally long reasonable notice periods have been reserved for senior or high-ranking employees. This approach is evolving and recently, in a case before the
One of the more difficult situations in which an employee and employer will find themselves, is the case of an employee with addiction issues. Addiction is a disability recognized under the Alberta Human Rights Act and as such, employees have a right to be free from discrimination on this ground. Addictions can be challenging for