Employment Law

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

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.

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.

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

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

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

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

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.

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