Employment Contracts

Competition Act changes came into effect in June, 2023, which make it a criminal conspiracy to enter no-poaching and price fixing deals with other employers

In Unite Here v Horizon North, 2023 CanLii 46717 the grievors were not successful in having their premium rate hours count towards overtime.

Lutz v Fabian Seeds Farms, 2023 ABCJ 109 is an Alberta case where an employee and employer learned that being rude in court has a price

Scheffler v Mourtis Trucking Ltd., 2023 ABKB 139 is a case where an Alberta court allowed an overtime claim to stretch back further than 6 months

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.