Employment Contracts

In Dornan v New Brunswick, 2023 CanLII 10433 (NB LA), an arbitrator found a 5 year fixed term, and ruled a contrary written contract unenforceable

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

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

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

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

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

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

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.

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

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

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.

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