All of Bow River Law LLP’s materials posted on YouTube are for legal information and discussion purposes only, and should not be considered legal advice. If you are in a legal situation, you should speak to a lawyer directly.
Bow River Law’s YouTube channel offers clear, accessible legal insights on employment issues affecting Albertans. We’ve curated a list of three helpful videos that break down common concerns about Lay-Off Issues in Alberta, presented by our team of experienced employment lawyers.
What Is a Layoff?
Speaker: Chris Jones, Employment Lawyer at Bow River Law
This video explains the legal distinction between a layoff and a dismissal under Alberta law. While the terms are often used interchangeably, they have very different legal meanings and consequences.
A layoff is described as a temporary absence from work imposed by an employer, whereas a dismissal or termination is intended to be permanent. Although layoffs are permitted under Alberta’s Employment Standards Code if certain conditions are met, that does not automatically make them lawful in every situation.
Key points highlighted include:
- A layoff can still breach an employment agreement if it is not explicitly authorized by the contract.
- Even when a layoff complies with the Employment Standards Code, it may still amount to a constructive dismissal under common law.
- Constructive dismissal may arise when an employer fundamentally changes the employment relationship without consent.
The video emphasizes the importance of considering both statutory rules and contractual terms when assessing the legality of a layoff.
What Is a Temporary Lay-Off?
Speaker: Joel Fairbrother, Employment lawyer and partner at Bow River Law
This video focuses on what qualifies as a temporary layoff and how it differs from a permanent termination of employment.
A temporary layoff occurs when an employer tells an employee they will be away from work without pay for a limited period, with the intention that employment will resume. By contrast, a termination is permanent, even if it is sometimes described as a “layoff” in everyday language.
The discussion highlights that:
- Layoffs are permitted under Alberta’s Employment Standards Code.
- The defining feature of a layoff is the employer’s intent that the absence be temporary.
- Despite being permitted under employment standards legislation, a temporary layoff may still be treated as constructive dismissal in some circumstances.
The video underscores that terminology alone does not determine legal outcomes; the facts and intent behind the employer’s actions matter.
S1 E10: Can My Employer Lay Me Off Without Pay?
Speaker: Joel Fairbrother, Employment lawyer and partner at Bow River Law
This video addresses whether an employer in Alberta can place an employee on a temporary layoff without pay and explains why the answer depends on more than one area of law.
Under the Employment Standards Code, employers may lay off employees for up to 90 days within a 120-day period. However, the video explains that employment relationships are also governed by common law, which operates alongside employment standards legislation.
Key points discussed include:
- A layoff is intended to be temporary, while a termination is permanent.
- Under common law, stopping both work and wages can be viewed as a fundamental breach of the employment relationship.
- In many cases, a layoff may be interpreted as constructive dismissal, even if permitted under the Code.
- Constructive dismissal occurs when an employer’s actions effectively end employment without explicitly saying so.
The video also notes that there are exceptions, and that employees should not automatically resign following a layoff without first understanding the legal implications.
Conclusion
Together, these three videos provide practical legal context around layoffs, temporary layoffs, termination, and constructive dismissal in Alberta. They highlight how employment standards legislation, common law, and human rights principles interact in real workplace situations.
Readers interested in learning more are encouraged to explore the full Bow River Law YouTube channel for additional educational videos on Alberta employment law.
