Calgary Employment Lawyers

Calgary employment lawyers are the men and women of Calgary’s legal community who handle the employment law matters of people who live in the greater Calgary area, or anywhere in Alberta for that matter.  Contacting an employment lawyer is an important decision. 

In Alberta, employment law is that area of law which regulates the rights, restrictions and obligations of Alberta’s workers and employers.  Generally “employment” is meant to include only non-union situations.  If a situation involves unions then “labour law” is probably a more accurate turn of phrase. 

Employment law is about much more than just wages and working hours.   Dickson C.J. the then Chief Justice of the Supreme Court of Canada in the 1987 case called Reference Re Public Service Employee Relations Act (Alta.) said this about employment:

The legislation in Alberta that predominates in the employment law area for employment lawyers is the Employment Standards Code of Alberta.  This legislation contains some 138 sections and sets out the statute law in Alberta in regards to:

• Employment Standards,
• Pay,
• Minimum wage,
• Payment of wages,
• Termination of employment,
• Deductions from earnings,
• Employment records,
• Hours of work,
• Rest periods and days of rest,
• Overtime hours,
• Overtime pay,
• Overtime agreements,
• General holidays in Alberta,
• Holiday pay,
• Vacations and Vacation Pay,
• Maternity leave and parental leave (see also federal legislation),
• Termination of employment (including rules for calculating length of employment for termination purposes),
• Layoff and recall,
• Restrictions on the employment of children
• Employment of persons with disabilities

Detailed procedures are set up in the legislation for making complaints, having investigations, determinations, awards, appeals and enforcement of orders.

There are important provisions contained in the Regulations to the above Act that apply to the following employment categories and which need to be referred to in the event that one is looking at the employment standards for those specific fields of employment:

• Ambulance attendants,
• “Miscellaneous Services” which includes field catering, geophysical exploration, surveying, logging and lumbering and road maintenance people
• Highway construction,
• Railway construction and brush clearing workers,
• Irrigation district workers,
• Nursery industry workers,
• Oil service workers,
• Taxi cab workers,
• Truck driving workers,
• Caregiver workers,
• Construction workers,
• Adolescents and young people.

Other legislation can apply to specific industries that are not listed here.  Be especially aware of federally regulated industries as many of these have legislation that applies specifically to them.

A major component of employment law for employment lawyers is the law surrounding the termination of an employee, also known as “getting fired” or “laid off” or “let go” or dismissal.  The termination, depending on the circumstances, may be justified, or it may amount to wrongful dismissal or constructive dismissal, depending on the circumstances. 

At it’s foundation, employment is a contract.  Certain terms are agreed to, expressly or impliedly, between the employee and the employer.  The employee agrees to work.  The employer agrees to pay the employee for that work.  “Dismissal” is the termination of the employment contract. 

The employment contract, the  “common law” and statute law all are relevant to the termination of the employment contract. 

The “common law” is also very important to employment lawyers.  “Common law” is that body of law that has been created over the years by judges on a case by case basis – also known as “judge made law”.  This body of English common law has built up over time and indeed dates back hundreds of years.  As English Canada has grown, Canadian courts have expanded on this English common law and developed their own body of law. over and above the English common-law we adopted from England.  (Quebec is somewhat different, having adopted a civil law system.)

The statue law that is relevant is the Employment Standards Code referred to a few paragraphs above. 

“Wrongful dismissal” is where an employer dismisses an employee in a manner which breaches the employment contract (whether that contract was verbal or written, express or implied), or in a manner which breaches the employment legislation that applies, or which breaches the common law regarding employment.  In such a situation an employee might be entitled to severance pay.

If a situation amounts to “wrongful dismissal” or “constructive dismissal” then generally the employee is entitled to severance pay and failing this the employee is allowed to sue the employer for damages.  Essentially, if a termination was not for “just cause” then an employer has an obligation to provide what the common law calls “reasonable notice” of the termination to the employee.  What is “reasonable” notice in a given situation depends on a case-by-case basis.  Essentially it is “reasonable notice” to find an alternate job.  Severance pay is sometimes paid in lieu of notice.

There have been thousands and thousands of cases of “wrongful dismissal” in Alberta and one needs to consult with an employment lawyer if they find themselves in such a situation in order to obtain an assessment of their precise situation. 

Calgary employment and labour lawyers must be registered and in good standing with the Law Society of Alberta.

Many Calgary employment and labour lawyers also belong to the Labour and Employment Law subsection of the Alberta branch of the Canadian Bar Association.

It is important, in considering who your Calgary employment lawyer is going to be, that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary.  They should have an office in Calgary which is staffed full time and have been there for some years.