Calgary Employment Law Blog
Evolution Legal News and Articles
Just Cause for Termination in Alberta
Statutory Framework (Employment Standards Code) In Alberta, the Employment Standards Code (ESC) sets minimum requirements for termination notice or pay. Generally, an employer must give an employee advance notice of termination or pay in lieu of notice, based on the...
Fired? Here’s a Guide to How You Figure Out What You’re Owed
In Alberta, reasonable notice of termination is calculated based on both statutory and common law frameworks. The Employment Standards Code (ESC) sets the minimum legal requirements, while common law (judge-made law) may provide greater notice periods based on...
What is Mitigation?
In employment and human rights law in Alberta, mitigation generally refers to the legal duty of a person who has suffered a loss—such as being wrongfully dismissed or experiencing a human rights violation—to take reasonable steps to reduce or “mitigate” that loss....
Failure to Provide Advance Warnings Can Mean No Just Cause for Termination: A Case Comment
Case Overview: Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 is a notable wrongful dismissal case from New Brunswick that underscores the importance of progressive discipline in...
No Consideration (Benefit) Means No Enforceability: The Requirement of Fresh Consideration in Post-Contractual Amendments to Employment Agreements
Case Overview: Goberdhan v Knights of Columbus, 2023 ONCA 327 In Goberdhan v Knights of Columbus, 2023 ONCA 327, the Ontario Court of Appeal addressed the enforceability of arbitration clauses in employment contracts and the necessity of fresh consideration for...
Seconded to another organization under the terms of your employment? Which terms prevail? A case comment.
Case Overview: Nader v University Health Network, 2022 ONSC 447 In Nader v University Health Network, 2022 ONSC 447, the Ontario Superior Court addressed the legal implications of secondment agreements within the framework of existing employment contracts. ...