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Employment & Labour Law

Sensible Advice From Experienced Employment & Labour Lawyers in Calgary

We have one of the largest groups of employment and labour lawyers in Calgary. This gives our clients a wide selection of lawyers at all levels of experience. The size of our employment and labour law group and our varied experience allows us to get the best outcome for our clients in the most timely and cost-effective manner.

At Carbert Waite LLP we recognize how challenging employment and labour disputes can be from an emotional as well as legal perspective. Our experienced lawyers work with and support our clients every step of the way.

Although we are based in Calgary, our lawyers can deal with employment and labour law matters anywhere in Alberta and across western Canada.

Areas of Employment Law

We advise and represent employers and employees in all areas of employment law, including:

Areas of Labour Law

  • Certification Applications
  • Voluntary Recognition
  • Unfair Labour Practice Complaints
  • Collective Bargaining
  • Duty of Fair Representation Complaints
  • Grievance Arbitration
  • Labour Relations in the Construction Industry
  • Revocation Applications
  • And more.

Alberta Employment Law Services for Employers

Responsible employers don’t wait for disputes to arrive. Proactive employment practices help Alberta employers avoid legal claims before they start and deliver a recurring return on investment by reducing downstream legal costs. Some conflicts will be unavoidable and having workplace policies and codes of conduct in place will help defend your business if a claim is made. 

Our team of experienced employment lawyers provide a full spectrum of legal services and advice for employers that are looking to build out their internal practices or address disputes that emerge in the workplace. From drafting employment agreements to remote work or social media guidelines, our lawyers can advise you on the real-world practices to ensure that both your business, and your employees are protected. 

In the event a claim is made against your business, our knowledgeable and sensible lawyers have years of experience defending employers. We routinely navigate a wide variety of complaints and claims made by employees, and work to ensure efficient resolutions. 

Alberta Employment Law Services for Employees

For them, it may be business. For you, it’s your life. From bullying and harassment in the workplace to claims of wrongful dismissal, our team of experienced employment lawyers will help protect your rights as an employee in Alberta. 

Federal and provincial laws ensure that employees are protected in the workplace. When an employee is involved in a dangerous work environment, the situation may have far-reaching consequences on their lives. Your job is a big part of your life, and our employment lawyers can help make sure you understand all of your rights.

Employers may be responsible for hostile work environments or may fail to take action consistent with their responsibilities. Carbert Waite’s team of employment lawyers can explain and help you with sensible solutions to address your legal needs. Whether pursuing a wrongful dismissal claim or negotiating an acceptable solution to workplace grievances, our lawyers are here to advocate for Albertans in the workplace.

I have been terminated and my employer is pressuring me to sign a Release, what do I do?

Generally speaking, upon termination your employer will set a deadline by which it would like you to sign a release. It is in your employer’s interest that you sign a release as soon as possible to protect it from potential legal action. If there is a tight timeline for you to accept your severance package and sign the Release, you should request an extension to allow you time to consult an employment lawyer to assist you with assessing your severance package. Remember that you are under no obligation to sign a release, and you should not do so until you have sought legal advice on your severance package to inform your decision on whether to accept or reject the severance package offered.

I was laid off from my job without a severance, is this legal?

Layoff – a temporary stoppage of work

Termination – a permanent stoppage of work; the employment relationship ends

At the outset, it is important to distinguish between two different legal concepts: 

A layoff typically occurs where an organization experiences decreasing revenues or staffing needs. Your employer may place you on a temporary layoff to be recalled back to work at some point in the future. Alberta’s Employment Standards Code sets out minimum requirements that employers must follow with respect to temporary layoffs (see our post about COVID-19 related layoffs here). 

Is an employer obligated to provide pay in lieu of notice (i.e. severance), if it places you on temporary layoff? Generally speaking, no. 

However, if the layoff extends past the maximum duration permitted by the Employment Standards Code, your employment will be deemed to have terminated and you will be entitled to pay in lieu of notice. In some circumstances, a temporary layoff can constitute a constructive dismissal entitling an employee to pay in lieu of notice—but this will depend on a variety of factors. 

A termination occurs where an organization wishes to permanently end an employment relationship. If your employer terminates your employment, it is likely obligated to provide advance notice of the termination or pay in lieu of notice (i.e. severance). Your employer may not be obligated to provide pay in lieu of notice if it terminates your employment after less than 90 days, or if it has “just cause”. Otherwise, most employees will be entitled to some amount of advance notice or pay in lieu of notice. 

The amount of pay in lieu of notice you should receive will depend on a variety of factors including: 

  • The minimum requirements in the Employment Standards Code
  • The common law—which considers your age, length of service, character of employment (i.e. your role), and the availability of similar employment; and
  • Any contract or agreement with your employer. 

If your employment has been terminated and your employer has not provided any severance, your employer has probably not fulfilled its legal obligations to you. 

We can help you determine how much severance you may be entitled to, along with your best option for pursuing a severance claim. We may recommend sending a demand letter, filing a complaint with the Employment Standards Office, or commencing a lawsuit. We want to help you find the best, most efficient option for recovery. 

If you would like more information about temporary layoffs or terminations, or if you would like to discuss any other employment matters, please contact a member of the Carbert Waite Employment Law Group

I’m a salaried employee, am I still entitled to overtime?

Overtime eligibility does not change based on whether your pay is salary, annual, or something else.  In Alberta, the Employment Standards Code sets the minimum standard for when overtime must be paid, and who gets it; and the Employment Standards Regulations list exemptions.  Managers, supervisors, and a list of specific professions and situations are listed that are not required to be paid overtime.  If you receive a salary, but are not exempted by the Regulations, then you should be receiving overtime for additional hours of work. If you think you may be entitled to overtime pay, please contact any of our Employment Lawyers to discuss it further.

I’m an HR Manager and I was called about a previous employee for a reference. Am I allowed to give a negative reference?

Yes, but you may want to be cautious. To avoid creating issues where a previous employee could claim defamation, the safest option is issuing a confirmation of employment: start date, end date, title, position description, and job responsibilities.  If there was no performance reason for the termination, then confirming that fact is also useful.

If performance was part of the reason for the termination, or if just cause has been asserted against the employee, then factual statements are important when making negative comments.  For example, claiming that an employee stole money when that has not been proven, would be problematic.  Similarly, saying that a worker wasn’t a good team player without having specific examples of issues that were addressed would not be recommended.  Instead, statements like “The employee failed to meet our performance expectations” with specific details about what the goals were, would be a supportable way to issue a negative reference.

If you have questions about how to respond to a specific reference question, our Employment Lawyers can assist you.

Am I entitled to severance if I was recruited by my current employer?

The short answer is: No. The obligation for an employer to pay severance, otherwise referred to as “pay in lieu of reasonable notice”, arises from an employer’s obligation to provide reasonable notice to employees upon the employer’s termination of their contract. The principle behind this is for the employer to provide reasonable notice (or pay in lieu of that notice) that would allow an employee, terminated without cause, to find similar alternate employment. An employer is not obligated to pay severance to employees who choose to resign (regardless of whether the employee’s resignation was in pursuit of a position for which they have been recruited).

Employers who recruit employees may owe a longer termination notice period due to encouraging an employee to leave a secure position.

Managing Suspicious Sick Day Requests

Every employer must manage employees taking time off for illness or injury. Statistics Canada reports that average employee absences range from roughly 9-16 days per year. As part of absence management, employers must also consider Human Rights and Employment Standards legislation requiring mental or physical disabilities be accommodated, including short-term illness. Human Rights legislation also protects family […]

Failure to Vaccinate at WestJet: Not “Just Cause” Dismissal

The Alberta Court of Justice ruled in Yee v WestJet that WestJet wrongfully dismissed an employee who refused to comply with the company’s COVID-19 vaccination policy on religious grounds. Facts  The plaintiff employee worked for WestJet for 11 years in various accounting positions. In 2021, she applied for a religious exemption from the company’s mandatory vaccination […]

The Canada Post Labour Dispute – An Update

Canadians have been receiving emails from financial institutions and other service providers warning of an upcoming service disruption due to the possibility of a mail strike later this month. If this sounds familiar, it should. Canada endured a month-long strike this past winter that was only ended after the Minister of Labour intervened. So why […]

Commission-Based Employees and Reasonable Notice: Understanding Entitlements Upon Termination

Many employees receive compensation that includes commissions. When those employees are let go, it raises important questions for both employers and employees. How are commissions handled if the employment ends before a sale is paid for? What happens to potential commission income during the reasonable notice period? And how do courts approach these issues when […]

Joseph Oppenheim’s commentary on Canadian HR Reporter: What constitutes ‘psychological injury’ in WCB claims?

Partner, Joe Oppenheim, provided commentary to Canadian HR Reporter on a decision by the Appeals Commission for Alberta Workers’ Compensation, which denied a worker’s claim that several instances of bullying and harassment had caused her “severe depression, anxiety and anger due to being frequently mistreated and bullied while on the job.” A registered psychologist diagnosed […]

Changes to workplace violence and harassment prevention plans are now in effect in Alberta – are your policies compliant?

Recent amendments to Alberta’s Occupational Health and Safety Code (the “Code”) will impact employer obligations to address violence and harassment in the workplace. These changes, announced with little warning, have caught many employers off guard. Are your workplace violence and harassment policies compliant with the new Code requirements? Background On December 4, 2024, the Government […]

Joseph Oppenheim’s commentary on Canadian HR Reporter: Tribunal dismisses workers’ racial discrimination complaints

Partner, Joe Oppenheim, provided commentary to Canadian HR Reporter on a decision by The Alberta Human Rights Tribunal to dismiss human rights complaints by two workers alleging discrimination against them on the basis of race, colour, ancestry, place of origin, and family status. “Fundamentally, the complainant in these cases has the obligation to demonstrate with […]

Mental Health in The Workplace: Navigating Accommodations in Accordance with The Alberta Human Rights Act

Under the Alberta Human Rights Act, employers are prohibited from discriminating against employees based on their mental health conditions. In some instances, this extends to stress or anxiety. Employers are obligated to provide accommodations to the point of undue hardship, to employees dealing with mental health challenges. This means they cannot refuse accommodation because it […]

Government Intervenes in Canada Post Strike

It appears government intervention will soon put an end to the almost month-long strike by Canada Post workers. On the morning of Friday, December 13, 2024, Minister of Labour Steven MacKinnon announced that he was using his power under s. 107 of the Canada Labour Code to direct the Canada Industrial Relations Board (the “CIRB”) […]

Exploring Arbitration in Employment Law Disputes: Pros, Cons, and Considerations

Arbitration is an increasingly popular alternative to traditional litigation for resolving employment law disputes. Employers and employees alike are turning to arbitration as a means of efficiently addressing conflicts while avoiding the time, expense, and uncertainty associated with courtroom battles. In this blog post, we review its benefits, drawbacks, and key considerations for both parties. […]