Working in a toxic workplace, which is characterized by ongoing discrimination, harassment, or unreasonable work demands, is not only detrimental to your well-being but also illegal in Alberta. Pursuant to the Alberta Human Rights Act and the Occupational Health and Safety Act, employers are obligated to maintain a safe and respectful work environment. Acts of workplace toxicity can be subjected to legal recourse. If your workplace feels toxic, consider approaching your human resources representative or seek professional legal advice. Understand that there are options and strategies available ..read more

Temporary layoffs in Alberta are legal and permit a suspension of employee services without termination. Regulated by the Alberta Employment Standards Code, this practice is often adopted during economic downturns or operational challenges. A temporary layoff can last a maximum of 90-days in a 120-day period. Employers need a contract provision or explicit agreement to lay off employees temporarily. They must provide written notice before the layoff and recall notice within 7 days. Failing to recall within the given time results in termination pay obligation. Further exploration of this topic ..read more

A toxic workplace, characterized by negativity, a lack of communication, high turnover, and a culture of fear is not only detrimental to morale, but is also illegal in British Columbia. Under BC law, discrimination is prohibited and workplace harassment is subject to legal consequences. Employers are required to respond promptly to signs of toxicity, and employees have the right to seek legal remedies. Misuse of authority, discrimination, and bullying constitute serious legal infractions and are key elements of a toxic workplace. For further information on identifying and addressing toxicity i ..read more

Workplace bullying in British Columbia is defined as inappropriate behaviour leading to humiliation or intimidation. Employers have a legal obligation to address this, ensuring a bullying-free environment. They must develop clear policies, train employees, conduct investigations, and update policies regularly, while employees should report incidents. Failure to address bullying can lead to decreased productivity, employee morale, and legal consequences. Workers’ rights are protected against bullying and retaliation. More in-depth insights await regarding the employer’s responsibilities, the re ..read more

In an exemplary legal case, an employer was found guilty of making unauthorized training deductions from an employee’s wages. A dispute arose over training costs stipulated in the employment contract, including unpaid job shadowing. The Labour Board’s verdict rejected the employer’s appeal, emphasizing the importance of clear authorization for deductions and the prohibition of unauthorized deductions. This case underscores the significance of meticulously drafted contracts and protection against unauthorized deductions. Further analysis of this case offers a nuanced understanding of the legali ..read more

Non-compete clauses can be enforceable in British Columbia, but their validity largely hinges on the specifics included in the clause. Defined prohibited activities, limited duration of restriction, important geographical boundaries, and clarity of language are all vital components that work in favour of enforceability. Governed by the Employment Standards Act in BC, these clauses are usually examined critically by courts, as they are seen as restrictions on trade. Any such clause must balance safeguarding company interests with ensuring fairness for the employee. For a deeper understanding of ..read more

Just cause termination in Alberta is governed by the Employment Standards Code, with employers having the onus to prove severe misconduct to justify job termination without notice or severance pay. This conduct must be significant, with clear evidence and warnings provided. A condonation defence strategy can undermine a just cause claim if employer behaviour signifies acceptance of the misconduct. After termination, employees should seek prompt legal advice to safeguard their rights. Potential entitlements like accrued vacation pay may be applicable, even in a just cause termination. Perusing ..read more

The Duty of Fair Representation (DFR) is central to union obligations in Alberta. The Abay v Retail, Wholesale and Department Store Union, Local 401 case defined these obligations further. The case determined that unions must act fairly, responsibly, and without discrimination in member representation. Activities such as collective bargaining, grievance handling, and disciplinary actions must be conducted in good faith. Unions are also obligated to provide employees a reasonable opportunity to respond in any matter. Arbitrary decisions, negligence, or hostility can amount to a DFR breach. For ..read more

In Alberta, Compassionate Care Leave allows eligible employees to take up to 27 weeks of unpaid leave to care for a gravely ill family member at risk of death within 26 weeks. Eligibility requires you to have been employed by the same employer for a minimum of 90 days. Job security is guaranteed during this leave. A valid medical certificate must confirm the family member’s serious medical condition. Family members include spouses, children, parents, siblings, and others. There’s more to know about procedures for giving notice and recent legislative changes to enhance employee support and flex ..read more

The Occupational Health and Safety (OHS) authority has recently dismissed a Discriminatory Action Complaint. The decision underlines the challenges inherent in adjudicating such regulatory matters. The dismissal could be due to many factors including insufficient evidence or inability to establish a direct cause-effect relation between reporting discriminatory behavior and subsequent punitive action. This highlights the complex interplay between employee protections and employer rights under Albertan OHS regulations. To fully understand the case specifics and implications, further exploration ..read more