There may, undoubtedly, be cases justifying a wilful disobedience of such an order; as where the servant apprehends danger to her life, or violence to her person, from the master; or where, from an infectious disorder raging in the house, she must go out for the preservation of her life. But the … [Read more...]
Workplace Bullying: What Employers Need to Know
Bullying in the workplace is slightly different from bullying seen in the childhood sandbox. There is rarely physical violence or threats (although these are possible), and the tormentors may not always be the most obvious culprits. Instead, workplace bullying may not even be noticeable to an … [Read more...]
Being Fired: Employment and Identity
Clearing Your Name: Some Basic Rules if You’ve Been Fired for Fraud You’ve just been fired. It’s probably affecting you financially and emotionally to a great degree. Worse yet, your (now former) employer is saying it is “for cause” or “just cause”, possibly because of as serious an accusation as … [Read more...]
Independent Contractor or Employee?
Payment terms alone do not distinguish an independent contractor from an employee, so we look at five factors and the intention of the parties. With business culture evolving, we see increasingly varied means to manage one of the most expensive and critical components of a business – human … [Read more...]
Employees on Probation
Since it takes away an employee's usual rights, a probationary period must be expressly agreed to by the employee. It cannot be implied into the relationship. The [employer] must clearly indicate what will happen if the relationship ends before the probation terminates. - Easton v. Winslow … [Read more...]
Possibly, Maybe, Perhaps: Empty Promises Spell the Death Knell of the Unpaid Internship
Unpaid internships are prevalent in Canada, with as many as 300,000 people currently working for free for some of the wealthiest and biggest transnational corporations. It has sparked nation-wide debate that has resulted in the naming and shaming of many businesses and corporations, including Bell … [Read more...]
The Protection of Young Workers in Canadian Employment Law
EDITOR'S NOTE The information in this article may be out-of-date. For current information on employment laws for workers under 18 years of age in Alberta, see CPLEA's Youth & Work FAQs. Employment laws are often different for young workers under 18 years of age to protect them from … [Read more...]
Insubordination and Dismissal
It is . . . generally true that wilful disobedience of an order will justify summary dismissal, since wilful disobedience of a lawful and reasonable order shows a disregard – a complete disregard – of a condition essential to the contract of service, namely, the condition that the servant must obey … [Read more...]
Update: Ticket Offences at Work
In the Nov/Dec 2013 issue of LawNow, the column Ticket Offences at Work explained a new workplace ticket system. As of January 1, 2014, Occupational Health and Safety officers in Alberta can use this tool to obtain better compliance with OHS legislation. As an appendix to the column, the authors … [Read more...]
Employment FAQs for Expectant Parents in Alberta
A recent LawNow article discussed the topic of Birth, Families and Employment. Albertans may be interested to order or download a 63-page booklet titled “Becoming a Parent in Alberta”. It answers frequently asked questions about: human rights protection for pregnant workers; entitlements, rights … [Read more...]
