Calgary Employment Case Studies

We resolved a wrongful dismissal case in which our client had been terminated for just cause.

We attacked the integrity of the progressive discipline process and ultimately demonstrated to the employer why its allegation of cumulative cause fell on its face. The employer agreed with us.

Win #1: The termination was properly without cause.

But that wasn’t it.

Our client had a without-cause termination provision in their employment agreement limiting their entitlement to notice and pay-in-lieu of notice to the statutory minimums in the Employment Standards Code. No common law notice.

Our next move? Attack the enforceability of the termination provision limiting our client’s severance entitlement to the bare minimum and get them their common law entitlement.

We successfully demonstrated that the contractual termination provision violated the Alberta Employment Standards Code, protecting our client’s common law severance entitlement.

Win #2: We preserved our client’s entitlement to common law severance.

It goes on even further.

Our client was employed only around 1.5 years. A short-service employee.

We made the employer aware of the clear upward trend in notice for short-service employees and got our client 3.5 months severance, at more than a 2-month per year of service level.

Win #3: Our client received 3.5 months of severance despite only 1.5 years of service.

Employees should be aware that just cause is a high burden for employers to meet. Clear evidence of wrongdoing is needed, together with proper investigations and carefully carried out progressive discipline (in most cases). Ultimately, proportionality matters. So, too, does the employer’s own conduct.

The implied term of common law reasonable notice can be rebutted ONLY if termination provisions comply with minimum statutory employment standards. This employer’s didn’t, just like many others’ in Alberta.

From nothing to something in only 2 weeks.