Lethbridge Employment Law Lawyers: LETOURNEAU LLP

Employment Law FAQ

Employment and Labour Law
Frequently Asked Questions

We have significant experience helping in workplace disputes, and with workplace legal advice

At LETOURNEAU LLP, we can assist you with any of the following:

Employment Contracts and Job Offer Letters
Wrongful Dismissal Litigation and Negotiation
Severence
Employment Standards Compliance
Constructive Dismissal
Duty to Accomodate
Discrimination
Harrassment
Grievance and Labour Arbitration
Collective Agreement Administration and Grievance Handling
Collective Bargaining Negotiation
Human Resource Policies and Employee Handbooks
Human Rights Compliance
Employee Terminations

How much notice should an employer give when terminating an employment contract?

An employer must provide at least the minimum termination notice or pay in lieu of notice when terminating an employment contract. This is outlined by the Employment Standards Code in Alberta.

Section 56 says:

To terminate employment an employer must give an employee written termination notice of at least

(a) one week, if the employee has been employed by the employer for more than 90 days but less than 2 years,

(b) 2 weeks, if the employee has been employed by the employer for 2 years or more but less than 4 years,

(d) 5 weeks, if the employee has been employed by the employer for 6 years or more but less than 8 years,

(e) 6 weeks, if the employee has been employed by the employer for 8 years or more but less than 10 years, or

(f) 8 weeks, if the employee has been employed by the employer for 10 years or more.

However, there is a significant amount of case law that has been decided by judges and tribunals that awards more than the minimum amount outlined above. There are many factors that can come into play, including, but not limited to, the employee's age, seniority at the company and experience in their field, how long they have worked at the company, their ability to be re-employed, and the actions of the company prior to the termination. To find out more, you may wish to call an employment lawyer.

What is wrongful dismissal?

Where an employer terminates employment without cause, but refuses to pay adequate compensation.

Where an employer inappropriately alleges cause and fails to pay any compensation.

Where an employer, by altering fundamental terms and conditions of employment and/or by making the work environment intolerable, “constructively” dismisses an employee.

Should I just give notice to terminate an employee, or is it better to give pay in lieu of the notice period?

This really depends on your situation. Often employers will simply provide pay in lieu of notice to end the relationship as soon as possible, and to avoid a potential caustic environment in the workplace. However, in some situations, it would make sense to keep the person on to train the new person in that position.

I feel like I have been harassed at work. What can I do?

The Alberta Human Rights Code dictates that every person has the right to be free of discrimination based on race, ethnicity, religion, disability, place of origin, sex, sexual orientation, age, family or marital status, among other prohibited grounds.

This legislation also prohibits harassment on the basis of any of these grounds, such as racial or sexual harassment. These can be very serious matters that can greatly impact an individual’s health and well-being. We are all entitled to work in harassment-free workplaces and an employer has a positive obligation to create an environment appropriate for working. Where the work environment has become poisoned, an employee may be entitled to compensation for the emotional distress suffered and, in some situations, to damages from constructive or wrongful dismissal.

If you have been mistreated at work because of your age, race, gender, disability or any of the above-mentioned grounds, you may be entitled to compensation. Call LETOURNEAU LLP to find out more.

I'm an employer - how do I deal with harassment in the workplace?

Employees have a right to work in a harassment-free workplace. Having a strong harassment policy and procedure in place is the best way to start. Then, following that procedure immediately is highly advisable. We at LETOURNEAU LLP have helped numerous employers to develop and draft harassment and workplace policies and procedures, and to deal with harassment claims by employees.

What is constructive dismissal?

Constructive dismissal is a form of wrongful dismissal. Constructive dismissal occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal.

What laws apply to employees in Alberta?

In most cases, the Employment Standards Code, RSA 2000, c E-9 applies. However, in certain circumstances, such as with a trucking company that crosses provincial borders, the Canada Labour Code, RSC 1985, c L-2 may apply to the employees of the company. Other laws apply to employees in Alberta, such as the Occupational health and safety (OHS) Act, and the Alberta Human Rights Act, RSA 2000, c A-25.5.

I heard that employment laws in Alberta changed recently. In what way?

On January 1, 2018, some modernized workplace laws came into force to protect workers. Here are some details:

Click here to learn more. Employment Standards Code changes

What are the legal fees for employment law matters?

Legal fees for employment law or labour law matters will vary from case to case and are usually based on our firm's set hourly lawyer rates. However, our firm will also sometimes, at the lawyer's discretion, take on employment law matters, for the employer or the employee on a contingency basis, taking a percentage of the overall compensation obtained in the matter. Discuss this possibility with your employment lawyer.

Our employment and labour law lawyers have the expertise to help you with your workplace issues. We offer a free consultation and will answer your initial questions during that meeting. Give us a call today to discuss your legal needs.

Learn more about our employment law lawyers:

Spencer McMullin

Adam Letourneau, K.C.

Links / Resources:

Employment Standards Code, RSA 2000, c E-9

Canada Labour Code, RSC 1985, c L-2

Alberta employment standards rules

Employment standards

Employment Standards Code changes

Occupational health and safety (OHS)

Labour Relations Code, RSA 2000, c L-1

Alberta Human Rights Act, RSA 2000, c A-25.5