Employment Standards

In Dufault v Ignace, 2024 ONCA 915, the Ontario Court of Appeal found a termination clause in an employment contract was unenforceable.

In Plotnikoff v Associated Engineering 2024 ABKB 706, the Court found a termination clause did not restrict severance and that the employee had not failed to mitigate.

In Hassen v Dunwald & Fleming Enterprises, a welder was considered to be an employee, and was entitled to wages, overtime and vacation pay.

In Park Paving Ltd. v Mullins, an employer was ordered to pay termination pay, holiday pay, and vacation pay in an OHS disciplinary action complaint.

In A-Apollo Windows & Doors Ltd. v Mohan, 2024 ABESAB 17, an employee who resigned was awarded wages, overtime, vacation pay and holiday pay

In Miciak v Sarah McLachlan School of Music, the AHRT adopted a decision from another forum that the complainant had been dismissed, not resigned.

In O’Brien v San Forestry, a truck driver engaged in misconduct but the termination of employment was without just cause and he was owed to termination pay.

In Sara Consulting & Promotions v Macburnie, 2024 ABESAB 15, an employee on lay-off got another job and this was not considered resignation.

In Sprong v Chinook Lifecare, 2024 ABCJ 163, the ACJ found that an employee was not on a fixed term and was only entitled to two weeks’ severance.

T & T Disposal Services v Leask, the Alberta employment standards appeal body found no just cause despite several instances of employee misconduct

In Blakkloud Hair Studio v. Hassan, 2024 ABESAB 12, an employer gave a final warning for misconduct that would have been just cause.

Bulldog Energy v Brown, is an employment standards appeal decision where an employer unsuccessfully claimed just cause to dismiss an employee.