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Employment Contracts

Alberta ESC Appeal Confirms Continuous Employment In Asset Sale

In Certified Redi-Mix v L’Hirondelle (2022) (AB ESA), an employee’s years of service for calculating severance were not affected by the sale of the plant

10 October 2022
Wrongful Dismissal Results in Employer Paying Over $1M in LTD

In Pasap v Sask Indian Gaming Authority, 2022 SKQB 200, an employee became disabled in his reasonable notice period and was awarded huge damages

2 October 2022
Labour Board Clarifies Who Qualifies as Supervisory for OT Exemption

CSS Office Furniture Systems v Burns, 2022 CanLii 72131 is a new Alberta case where an employee in a supervisory capacity still received overtime

12 September 2022
Contractual Interpretation and Employment Stds – Banked OT Case

In DLC Cladding GP Ltd. v Schaus, an employee did not get the banked overtime hours he wanted, but was awarded vacation pay from prior years instead

22 August 2022
Short Time To Decide On Constructive Dismissal: ABCA

In Kosteckyj v Paramount, 2022 ABCA 230, the Alberta Court of Appeal determined that the employee waited too long to reject a compensation change.

4 July 2022
Employee Wins Despite Corporate Shell Game

In Wisser v CEM International, 2022 ABQB 414, an employee was able to hold a related corporation and directors personally liable for severance.

27 June 2022
Alberta Employment Contract Failed to Limit Reasonable Notice

Bryant v Parkland, 2022 ABCA 2022 is a new Alberta Court of Appeal case where some employees’ severance was not affected by a termination clause.

20 June 2022
Labour Board Says Employer Improperly Deducted Training Costs

In Verge, 2022 CanLII 40453 (AB ESA) (Johnson), an Alberta employer’s deduction of training costs from an employee’s final cheque was disallowed.

30 May 2022
self-employed or employee
Self-employed or Employee? It Depends Who’s Asking and Why

Beach Place v Employment Standards, BCCA v 147 confirms that one worker can be an “employee” for one purpose and a “contractor for another.

9 May 2022
Size of Employer A Factor In Interpreting Employment Contract?

In Lawton v Syndicated Services, the court interpreted an employment contract in favor of an employer, it seems in part because it was a small company.

25 January 2022
Defective Release Found to Prevent Human Rights Complaint

An employee signed a release which was arguably problematic, but he was still prevented from bringing an Alberta human rights discrimination complaint.

4 January 2022
Disgruntled woman receiving improper pay.
Fixed-Term Fiasco: Rice v Shell (ABCA)

In Rice v Shell, the Alberta Court of Appeal upheld a large severance award based on the employee being on a definite-term contract.

16 December 2021

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