Is termination pay mandatory in Alberta?
Yes, severance pay is mandatory in Alberta under the following conditions: Your employment is terminated unilaterally by the employer, either through a termination without cause or constructive dismissal; Your employer incorrectly fires you “for cause”, which happens in many situations; or.
How much notice must be given to terminate a person’s employment Alberta?
Give notice How much notice you must give usually depends on how long you’ve worked at the job: If you have worked less than 3 months, no notice is needed. If you have worked more than 3 months but less than 2 years, 1 weeks’ notice is needed. If you have worked 2 years or more, 2 weeks’ notice is needed.
Can I be terminated while on medical leave?
Can an employee be terminated on grounds of sickness? An employer may not dismiss an employee or give him a termination notice while the employee is on sick leave. In such a case, the employee shall be entitled to the end of service gratuity in accordance with the provisions of the labour law.
Can you be fired for medical reasons Alberta?
The Alberta Human Rights Act (AHR Act) prohibits discrimination based on physical and mental disability as well as health-related consequences of pregnancy. Employers are required to accommodate employees who require a leave for medical reasons.
What is considered just cause for termination in Alberta?
A just cause termination means that the employer has terminated your employment on the basis of serious misconduct that goes to the heart of your employment contract. A just cause termination means that the misconduct was severe enough such that your employment relationship cannot be repaired.
What is the three hour rule?
The three hour rule entitles employees to be paid for three hours of work, even where they did not actually work for three hours. Employees who are paid a salary are still entitled to pay under the Three Hour Rule, even though they are not paid by the hour.
Is there double time in Alberta?
For the second consecutive day of rest, employees will be paid double time for all hours worked. For paid holidays, employees will be paid one and one-half times their regular hourly rate for the first 7.25 hours and double time for all hours after that, and will receive a day off with pay at some other time.
Do you have the right to terminate your employment in Alberta?
Most employers and employees in Alberta have their employment relationship regulated by the ESC. The ESC provides minimum standards. Depending on your employment contract, you may be entitled to more than the minimum standards. Your employer typically has the right to terminate your employment.
What are the new employment standards in Alberta?
Changes to employment standards rules in the Restoring Balance in Alberta’s Workplaces Act are in effect. If an employer intends to terminate the employment of 50 or more employees at a single location within a 4-week period, the employer must give the Minister of Labour and Immigration written notice of at least 4 weeks.
What is just cause for termination in Canada?
Just cause is when your employment is terminated because of serious misconduct, incompetence or disobedience. If you think that you were terminated unfairly you may want to consult with a lawyer or contact Employment Standards at 1-877-427-3731.
Do you have to pay ESA during statutory notice period?
This is an interesting legal issue, given that the ESA only obliges the employer to continue to make payment of premiums. In all likelihood, the insurer will acknowledge liability for benefits which are owing during the statutory notice period.