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Employment Law

Employment Stds Decision Won’t Always Prevent Going to Human Rights

A New Alberta Human Rights decision found that getting an employment standards decision will not necessarily prevent proceeding in human rights.

25 July 2022
Employee Refusing Mask Put on Leave = Not Constructive Dismissal

In Benke v Loblaw Companies, 2022 ABQB 461, an employee who refused to wear a mask was put on unpaid leave but it was not constructive dismissal.

18 July 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
Parallel Claims: Human Rights and Civil Claim at the Same Time?

Melnyk v RBC, 2022 AHRC is a new Alberta Human Rights matter where an employer failed to have a parallel human rights action stayed.

16 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
currie appeal severance
26 Month Reasonable Notice (Severance) Upheld In Currie Appeal

Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.

18 April 2022
Employer Not Allowed to Play Dumb on Resignation
Employer Not Allowed to Play Dumb on Resignation

In First Choice Collision v Talbot, the Alberta employment standards appeal tribunal rejected an employer’s argument that the employee had resigned.

15 February 2022
A construction worker that has been affected by covid-19
Tools and Materials Instead of Cash for Severance?

Hubbard, 2022 ABPC 22 is a new Alberta case where the court said it was ok that the employer provided the fired employee with tools instead of cash severance.

31 January 2022
Just Cause For Employee With Angry and Rude Outburst

The Saskatchewan Court of Appeal upheld a just cause termination for an employee who had an angry and rude outburst with his boss.

19 January 2022

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