According to the law in Alberta, an employee may not be fired without either just cause or adequate notice.
Just cause means that there is lawful, valid reason for the employer to terminate the employment. These reasons may be such things as refusal or inability of the employee to carry out the work required, theft or dishonesty. Where an employee has been dismissed for just cause, no notice or pay in lieu of notice is required. the question then arises, however, is whether there was in fact just cause for the dismissal.
Where an employee is dismissed without any reason given, then the employer must give reasonable notice of the dismissal to the employee. The Employment Standards Act of Alberta provides for minimum notice periods for dismissing an employee. The courts, however, expanded upon these minimum notice periods in many cases. Generally speaking, the higher the level of employment or the greater the responsibility of the employee, the more notice is required for termination. In many cases, an employer may chose to dismiss the employee immediately and provide pay in lieu of the notice.
An employee who has been dismissed from his employment and who is considering an action against the employer has a responsibility to attempt to find alternative employment.
Please contact Derek Redman, Q.C.. for further information.