Bill 32: Alberta’s proposed Restoring Balance in Alberta’s Workplaces ActOn July 7, 2020, the Government of Alberta introduced Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 (the “Bill”). This Bill proposes to amend Alberta’s Employment Standards Code and Labour Relations Code. The stated purpose of the Bill is... |
Deference to Labour Arbitrators: a Tale of Near CauseEmployment and Labour Law Reporter, February 2020 Vol. 29 No. 11 This article was originally published in our Labour & Employment Communique, and reproduced in Employment and Labour Law Reporter (LexisNexis). Read the article. |
EY Report on Alberta Health ServicesIn an unprecedented move, Alberta Health Services and Alberta Health decided to conduct a complete review of the way in which health care delivered by Alberta Health Services is regulated, governed and funded. This involved an analysis of Alberta Health... |
Deference to labour arbitrators: a tale of near causeThe Court of Appeal for Alberta recently considered a labour arbitration decision where it was found that the termination was without just cause, even though the employment relationship was found to no longer be viable due to the employee’s pattern... |
Proposed Changes to Workplace Laws in AlbertaBill 2: An Act to Make Alberta Open for Business This April, Alberta held its 30th general election. In its platform, the United Conservative Party (“UCP”) promised to “bring balance back to Alberta’s labour laws, restore workplace democracy, and incentivize the... |
Suncor Saga Update: Suncor’s Random Drug and Alcohol Testing Policy will be Sent Back to ArbitrationIn our last update on the ongoing legal saga between Suncor and Unifor, Local 707 (the “Union”), the majority of the Alberta Court of Appeal had upheld an injunction that prevents Suncor from carrying out random drug and alcohol testing... |
What’s HappeningTom Duke, Dan Stachnik and Jill Wilkie are hosting an Occupational Health and Safety seminar on the topic, “What All Employers Need to Know” in Edmonton, AB on May 15th, 2018. A similar seminar will be presented by Laura Mensch,... |
Alberta Court of Appeal Upholds Interim Ban on Random Drug and Alcohol Testing by SuncorAs promised in our last report on the long and winding legal road travelled by Suncor in its effort to implement random drug and alcohol testing at its mine site north of Fort McMurray, Alberta, this communique will provide an... |
Checking In After a Few Months of Living with the Alberta Employment Standards Code ChangesA few months in to adjusting to Alberta’s Employment Standards Code changes, Alberta employers are continuing to review and revise existing policies and procedures to ensure they are in compliance with the new legislation. Changes with respect to general holidays... |
Alberta Employers! The Ministry of Labour Needs Your InputAlberta’s Ministry of Labour has commenced a review of the Province’s workplace legislation, the Employment Standards Code and the Labour Relations Code, and is currently seeking input from Albertans. The April 18, 2017 deadline to provide feedback is fast approaching.... |
Employment Law 101: Enforcement of Restrictive CovenantsEarlier this year, the Honourable Mr. Justice W.A. Tilleman of the Court of Queen’s Bench of Alberta was called upon to determine whether an injunction was appropriate due to an alleged breach of restrictive covenants, non-competition and non-solicitation clauses, in... |
Part 1: Changes To Terms Of Employment In An Economic DownturnDuring the current recession, employers may be tempted to make substantial changes or dismiss a portion of their workforce to reduce operating costs. Even with preparation, both of these options expose employers to damages for constructive dismissal. Constructive dismissal occurs... |
Part 2: Update on the Calculation of Reasonable Notice in an Economic DownturnThe calculation of reasonable notice will always be an issue where there is no express termination provision in the employment contract. This calculation grows increasingly complex with the addition of economic stress. The employer has a common law duty to... |
New Minimum Wage Rate in Alberta to Take Effect on October 1, 2015Employers must ensure that their employees in Alberta receive at least the minimum wage rates set out in section 9 of the Employment Standards Regulation (the “Regulation”). During its 2015 provincial election campaign, the Alberta New Democratic Party (“NDP”) made... |
Calculating Reasonable Notice 55 Years after Bardal – Responding to Economic RealitiesDetermining the appropriate length of reasonable notice has always been more of an art than a precise calculation. The main objective of a notice period is to appropriately support an employee after termination as the employee searches for alternate employment. ... |
Maternity and Parental Leave in AlbertaWhen an employee provides notice that they will be commencing a maternity or parental leave, many employers have questions regarding their obligations to that employee. In Alberta, once an employee has been employed with an employer for 52 consecutive weeks,... |
Are Equity Partners Employees? Mandatory Retirement in Law FirmsFor some time now, it has been a settled principle of human rights law that employers cannot force employees to retire unless the age of an employee amounts to a bona fide occupational requirement. While mandatory retirement used to be... |
Entitlements of Employees who Resign with an Extended Notice PeriodIn the absence of a contractual provision to the contrary, an employee must provide his or her employer with reasonable notice of his or her resignation. Occasionally, however, an employer may find itself faced with the question of how to... |
