Should an employer consider terminating an employee where at least one of the reasons is based on a protected ground, the employer needs to ensure that the termination is reasonable and justifiable in the circumstances. The analysis of a termination begins with an examination of whether “cause” exists for the termination, followed by an assessment of the employer’s obligations in connection with the termination. Similarly, there is no “rule of thumb” with respect to the length of an unexcused absence from work that will constitute abandonment or justify termination. Termination and severance. The Code sets out minimum responsibilities of employers and employees related to termination, including situations where notice is not required. Termination under the Code a. An employee cannot be discriminated against for: An employer is not required to provide notice when just cause exists for dismissing an employee. Workers’ Compensation Board (WCB ) is a separate entity accountable to the Minister. Termination pay must equal at least the wages the employee would have earned if the employee had worked regular hours for the termination period. What that “something” will depend on the circumstances. A valid release relieves an employer of their obligation or responsibility to an employee, as specified by the release. The following amendments, which are set to come into effect at the various times noted below, are some of the noteworthy changes to these statutes: EMPLOYMENT STANDARDS CODE. On January 1, 2018, changes to Alberta’s Employment Standards Code came into effect and updated the minimum standards of employment. When an employee is terminated without cause, it means they are being let go for a reason other than serious workplace misconduct (which would likely qualify as a “for cause” termination). Section 7(1)(a) of the Alberta Human Rights Act prohibits an employer from refusing to employ or refusing to continue to employ an individual based on a protected ground unless the refusal is reasonable and justifiable in the circumstances and based on a bona fide occupational requirement. To be valid, the employer’s termination notice must: be in writing and addressed to the employee concerned; and include a termination date. Termination for just cause typically involves conduct that’s serious enough (either on its own account or in combination with other factors) to justify the employer ending the employment relationship. The ALRB is accountable for administering, interpreting and enforcing Alberta’s labour laws. if the period of employment is 90 days or less, no notice is required from either party. You can read more about employment standards for termination. If the employment agreement does not contain an enforceable termination clause, the employee's severance entitlements are determined under the common law. You can read Alberta human rights tribunal decisions on severance agreements. Termination Pay. Unless you are terminated for cause, you are entitled to something. See sample notice below. Carefully consider the contents of your letter. The Ministry of Labour can only enforce your minimum entitlements to severance pay under the provincial Employment Standards Act in Ontario or British Columbia. On the other hand, it is not possible at this time to predict with any accuracy how the … For example, employers are not required to provide notice for seasonal or task specific employment; in addition, no notice is required from either party when the employment period is 90 days or less. Generally, an employer has the right to end the employment of an employee at any time, as long as they provide the required length of notice or pay in lieu. When dealing with termination for just cause, it’s best to seek legal counsel prior to issuing a termination notice. If the employee took a job protected leave during the time they have worked for the employer, that time counts as being continuously employed for the purposes of calculating years of service. Severance is based on the employee's age, length of time with the company, position in the company and the availability of other similar jobs. Advise the employee that their employment will be terminated, and the effective date. If you have questions about your rights regarding termination and would like legal advice, you can use the Law Society of Alberta Lawyer Directory to find a lawyer who specialized in labour legislation and layoffs. 53.7 Notwithstanding section 37(1), if an employee is on reservist leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a … Employers may give termination notice, termination pay or a combination of termination notice and termination pay. In this case, the termination would be considered to be discriminatory. Normally an employee cannot make a human rights complaint simply because the employee has been asked to sign a severance agreement that contains a release. Ministerial Order 18/2020 dated April 6, 2020 makes temporary changes to Alberta’s Employment Standards Code. A. Either the terms of your employment contract, the common law of employment relationships, or the Alberta Employment Standards Code will apply to your situation. Likewise, construction employees aren’t required to give their employer termination notice. the employer must pay the wages that the employee would have earned if they had worked regular hours for the remainder of the notice period that is required to be given by the employer. To re For more information, see the Alberta Human Rights Commission. developing an employee handbook and distributing it to all staff: include information on vacation and general holidays, overtime and disciplinary measures for misconduct, post a copy of this handbook in a public place for all staff, issuing warning letters if the employee’s conduct becomes problematic. 1. Later the employer investigated and learned that the reason for the termination was clearly because of race. On July 29, 2020, Bill 32, the Restoring Balance in Alberta’s Workplaces Act (“Bill 32”) received Royal Assent.. Bill 32 proposes several key changes to Alberta’s Employment Standards Code and Labour Relations Code.This post outlines the most significant changes. Section 7(1)(a) of the Alberta Human Rights Act prohibits an employer from refusing to employ or refusing to continue to employ an individual based on a protected ground unless the refusal is reasonable and justifiable in the circumstances and based on a bona fide occupational requirement. On the 91st day of a temporary layoff, the employee’s employment is considered to be ended, and the employer must pay termination pay based on length of employee's employment . At ninety days of employment, the employer must either give one weeks’ notice of … The exception is where the dismissal is in violation of human rights legislation. You may need it if the employee sues for wrongful dismissal. You can read more about the duty to accommodate and undue hardship.In some situations, it is unlikely that a termination could be justified. See the list of services available. From: Employment and Social Development Canada The Canada Labour Code, Part III sets out rights on termination of employment and governs Individual termination of employment, Severance pay, Unjust dismissal and Group termination.. This could include job modification, workplace modification or referrals to employee assistance programs. Accommodation can take many forms. For example, after a new supervisor was hired, an individual's employment was terminated. More information about other government departments can be found on the Other Government Support page. Termination and termination pay Proper notice must be given when an employee quits or an employer terminates an employee. Employers who end their employee’s employment must give the employee, and ensure they receive, written termination notice. An employer may combine notice (which the employee works out) and pay in lieu of notice to make up the required notice period. When an employee gives termination notice that is less than what the employer is required to give, and employer wants to expedite the termination: When an employee gives termination notice that is more than what the employer is required to give, and employer wants to expedite the termination: An employer cannot require an employee to use the following during termination notice period: Construction employees aren’t entitled to termination notice or termination pay from their employer. Each process is legally distinct. Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct. First, the Employment Standards … If you are terminated without cause, Alberta’s Employment Standards Code says that your employer must give you notice that you are being terminated (unless you fall under an exception). Part 2, Division 8 of the Employment Standards Code provides the process required to terminate employment relationships, entitlements to termination notice and pay, temporary layoff and recall rights. Termination. Employees who wish to end their employment must give written notice to the employer. The length of notice period is based on how long they’ve worked for the employer: Employees aren’t required to give termination notice if: To be valid, the employee’s termination notice must be: A termination notice is null and void if the employee continues to be employed by the same employer after the date specified for termination of employment. Government offices are closed Dec. 24 to Jan. 3. An employer must give written notice to their employee of at least: The employee’s length of service is the time that they’ve worked for the employer, which can include more than one period of employment if the breaks between periods are not longer than 90 days. This Bill amends the Alberta Employment Standards Code (ESC) and Labour Relations Code (LRC). 31 consecutive days after the last day of employment. termination for cause Alberta employers may terminate an employee’s employment for just-cause or without-cause. The WCB is responsible for administering Alberta’s workers’ compensation system and delivering workers’ compensation services to employees and employers in the province. Severance agreements often contain a "release" that describes the end of the employer's responsibility towards the employee. Please enable scripts and reload this page. This is a common business practice. Termination pay will be calculated based on the previous 13 weeks of employment when the employee actually worked, not simply the calendar weeks preceding the termination. 3. The employer may not wish to have their employee work out a notice period. Termination pay is sometimes called "Severance Pay" colloquially,. Employers aren’t required to give termination notice (or pay in lieu) to employees who are: Although the Code outlines minimum termination notice requirements, some employees may be entitled to greater notice under common law. All decisions released after January 1, 2000 can be accessed free of charge through the Canadian Legal Information Institute (CanLII) website. Mandatory measures in effect provincewide. However, the law inserts a couple of caveats into this discretion. Proper notice must be given when an employee quits or an employer terminates an employee. Courts and arbitrators take a case-by-case approach, reviewing each instance of absenteeism in context of the circumstances. This notice is meant to give you time to find a new job. The original hire date with the initial business would be used for determining termination pay. The Employment Standards Code establishes Alberta’s minimum standards of employment in many areas including payment of wages, hours of work, overtime, vacation and holidays, leaves and termination of employment. a combination of termination notice and termination pay. Severance is a right of the employee as is outlined in the Alberta Employment Standards Code, as well as in common-law. An agreement Employers sometime negotiate severance agreements with employees. Here, too, the amount of pay depends on the length of your employment. In this case they’d be entitled to a notice of termination based on their full length of service. II. Alberta’s Employment Standards Code (“the Code”) requires provincially legislated employers to give their employees a minimum amount of notice before terminating an employee. An employer may not end the employment of, lay off, or discriminate against an employee for exercising their rights–or complying with certain obligations–under the Code. BUT, it is important to know that, under case law, many employees may be entitled to much more reasonable notice or severance because the Code sets out only the legal minimums . Nonetheless, if an employee signs an agreement that contains a release, they may still have the right to make a human rights complaint if they believe their employer has discriminated against them and if they believe the release they signed was not valid. request the return of any company, property, etc. Changes include payment of earnings after termination, deductions, averaging arrangements for calculating overtime, rest periods and calculating general holiday pay. While there are exceptions, such as federally-regulated industries, the legislation applies to approximately 85% of the province’s workers and business owners. These laws establish minimum standards of employment for: Payment of earnings ; Minimum wage ; Hours of work, rest periods and days of rest ; Overtime and overtime pay ; Vacations and vacation pay ; General holidays and general holiday pay ; Maternity and parental leave ; Termination of employment ; Employment of individuals under 18 years of age Our vision is a vibrant and inclusive Alberta where the rich diversity of people is celebrated and respected, and where everyone has the opportunity to fully participate in society, free from discrimination. Employees, Employment Law What Does It Mean to Be Terminated “Without Cause” in Alberta? In Alberta, (and across Canada in the common law provinces) Termination Pay is composed of two components: "Severance Pay" and "Pay-in-Lieu of Notice." The employer must ensure employees know the consequences of breaking the rules. In this case they may give the employee pay in lieu in the amount the employee would have earned had the employee worked through the required notice period. 2. Search the key words "severance agreement.". the employer must pay the wages that the employee would have earned if they had worked regular hours for the remainder of the notice period the employee provided. It establishes the processes by which an employee can seek recourse if the standards have not been met. COVID-19: State of public health emergency. an employer may end the employment of an employee by giving them: a combination of termination notice and termination pay, if the period of employment is 90 days or less, no notice is required from either party, termination notice is not required for seasonal or task specific employment, notice period length is based on how long the employee has been working for the employer, the employer must pay the employee's earnings with 10 days after the end of the pay period in which termination occurred, or 31 consecutive days after the last day of employment, neither earnings nor other terms or conditions of employment may be reduced during the notice period, employers are prohibited from requiring employees to use entitlements such as vacation or overtime during the termination notice period, unless agreed to by both parties, within 10 consecutive days after the end of the pay period in which termination occurred, or. banked overtime, unless otherwise agreed in writing, vacation unless the employer already informed the employee in writing to take their annual vacation prior to that employee giving notice, general holidays when an employee has not taken the day off as a holiday, employed on a seasonal basis and their employment ends on completion of the season, employed for a definite term or task for a period of 12 months or less, not provided with work as the result of a strike or lockout at their place of employment, casual employees who may elect to work or not for a temporary period when requested to by the employer, refuse reasonable alternate work when temporarily laid off, fail to return to work within 7 consecutive days of a recall (unless provided otherwise in a collective agreement) when temporarily laid off, subject to a contract of employment that is or has become impossible to perform because of unforeseeable or unpreventable causes beyond the control of their employer, employed on-site in the construction industry, employed in the cutting, removal, burning or other disposal of trees and brush or either of them for the primary purpose of clearing land, be in writing and addressed to the employee concerned, if applicable, include a statement explaining that the reasons for termination were outlined in previous warning letters, state that, because the employee hasn’t corrected these issues, their employment will be terminated. 1. If an employee requires accommodation, the employer should engage in an accommodation process that identifies the needs of the employee and the steps that the employer is able to take to accommodate the employee. Employment Standards for Termination The topics in the Dial-A-Law series provide only general information on legal issues within the province of Alberta. If in doubt, call a lawyer. Leave and vacation conflict. obligations on termination, is informed by the Alberta Employment Standards Code (RSA 2000, c E-9) (the “Code”), the common law and an employee’s contract of employment. termination of employment in Alberta Termination of employment is one of the most significant areas of employment law. Employers cannot end the employment of or lay off an employee because that employee: Termination of employment may occur in these situations if there is an unrelated reason for termination. In these cases, employees must be reinstated in accordance with an established seniority system or employer practice, and with no less than the same pay and benefits as before the leave started. November 1, 2020. Notice of termination and termination pay The Code sets out the minimum employment standards that an employer must follow. What may be just cause in one case will not be in another. in writing and addressed to the employer, given or otherwise provided to the employer, and. Changes to employment standards rules in the Restoring Balance in Alberta’s Workplaces Act are in effect. In Alberta, the maximum duration of a temporary layoff is 90 total days within a 120-day period. On November 1, 2020, several changes to Alberta’s Employment Standards Code came into effect. The Employment Standards Code sets the minimum employment standards in Alberta, and the rights and responsibilities of employees and employers. There is also civil employment law covering termination … Contact Employment Standards or sign up for updates, Mandatory measures in effect provincewide, Restoring Balance in Alberta’s Workplaces Act, employees and employers must give each other notice of their intention to end the employment. The Commission must be notified if there is a signed release, and a copy of the release must be provided to the Commission. These amendments were made under Bill 17: The Fair and Family-friendly Workplaces Act, which greatly impacts the following areas: Minimum wage; Overtime pay; Unpaid job-protected leaves; Employee termination; Holiday pay; Vacation pay General termination principles Employers in Alberta are free to structure their business as they wish, including whether and when they terminate each employee. This service is provided by Calgary Legal Guidance funded in part by the Alberta Law Foundation. What Is Termination Pay In Alberta? An employee who feels they have been improperly terminated can file an employment standards complaint. Many changes are coming for Alberta employers, both in light of COVID-19, but also to make the administrative burden less cumbersome with changes to the employment standards, says an employment lawyer. Employers who want to keep an employment relationship may temporarily lay off an employee. employees and employers must give each other notice of their intention to end the employment. All decisions released after January 1, 2000 can be accessed free of charge through the, Employment: Releases, severance agreements and human rights law. Like Alberta, these laws require an employer to either give notice of termination or issue severance pay in lieu of notice. Updated. Employment Standards Code. Youth Employment: Youth under 13 may not work, unless the work qualifies as an ‘artistic endeavour’. You may be trying to access this site from a secured browser on the server. Averaging Arrangements: Employers of non-unionized employees may impose an … The Employment Standards Code may apply when terminating an individual's employment. The Human Rights Code, The Workplace Safety and Health Act, and The Labour Relations Act all deal with issues around ending employment. All too often employers use the wrong form of termination, which exposes the company to liabilities including claims for wrongful dismissal, for insufficient working notice, for severance or reinstatement, or lost wages, human rights claims and other claims. Division 8 also outlines circumstances in which an employer or an employee may not be required to provide termination notice under the Code. Canadian Legal Information Institute (CanLII) website. they’ve been employed for 90 days or less, there’s a different established custom or practice in an industry respecting terms of employment, continuing to be employed by the employer would endanger the employee’s personal health or safety, the employment contract is impossible to perform due to unforeseeable or unpreventable causes beyond the employee’s control, they’re temporarily laid off, or laid off after having refused reasonable alternate work, they’re not provided with work as the result of a strike or lockout at the employee’s place of employment, they’re casual employees employed under an arrangement where they may choose to work or not when asked to do so, they quit because of a reduction in wage rate, overtime rate, vacation pay, general holiday pay or termination pay. Employers are prohibited from requiring employees to use entitlements such as vacation or overtime during the termination notice period, unless agreed to by both parties. That would only amount to one week or two weeks' pay per year of service. When the employee’s wages vary from one pay period to another, the weekly average of the employee’s regular wages for the 13 weeks in which the employee worked preceding the date of termination, not simply the 13 calendar weeks immediately preceding the date of termination is used to determine the employee’s termination pay. An employer is prohibited from requiring the employee to use entitlements such as vacation or overtime during the termination notice period, unless both parties agree to it. To be valid, the employer’s termination notice must: Note: A termination notice is a legal document. Employers are also required to give notice of individual termination or pay in lieu of notice, as well as the group termination of employment notice to each individual employee identified as part of the group affected. The following questions and answers will be of interest to employers and employees working in the federal jurisdiction. An employee on any leave can be dismissed or laid off if the employer suspends or discontinues the business in which the employee was employed. When employment is terminated, employers must pay the employees as follows: The employer may choose whichever option best suits their needs. Termination pay is the minimum amount of notice or pay in lieu of notice that an employer must pay an employee when terminating that employee without cause. If disability is a factor, an employer should ensure that every reasonable attempt at accommodation has been made to the point of undue hardship. state when the employee will receive their final earnings (in the case of just cause, the Code outlines that they must be paid within 10 calendar days of their last day worked), is facing or might face garnishment action (a legal procedure where the court can authorize a creditor to take money owing to them from sources such as an employee’s pay cheque, an account at a financial institution, or money owed by others), has given or might give evidence at any inquiry or in any proceeding or prosecution under the Code, has requested or demanded anything to which the employee is entitled under the Code, has made or is about to make any statement or disclosure that may be required of the employee under the Code, giving or having the potential to give evidence at any inquiry or in any proceeding or prosecution, requesting or demanding anything to which they’re entitled, making or being about to make any statement or disclosure that may be required, the employer must show more than just dissatisfaction with the employee’s performance, real misconduct or incompetence must be demonstrated, the employee was aware of the consequences of failure to perform certain duties or obey certain rules, it’s a good practice to document the time, date and outcome of any conversations or encounters that they have with the employee about inappropriate behaviour or conduct, this information could be useful if they decide to end the employment relationship in the future. 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