The unremitting downturn in Alberta’s economy is resulting in job losses for many Albertans. Employees with long and even moderately long term employment are finding themselves without a job. The most common reason being cited for lay-offs is the lack of work due to the bleak economic situation. In this market, new opportunities are difficult to find.
While the Employment Standards Code sets out the minimum notice or payment in lieu of notice, that an employee is entitled to when dismissed without cause, greater obligations may be imposed on the employer by the common law. In the absence of an explicit agreement between the employer and employee governing the termination or notice, Courts will impose the common law obligations.
In some instances, a termination clause in an employment clause may rebut the common law presumption; however in Alberta the termination clause must contain very specific language otherwise the common law presumption will continue to operate. At Aarbo Fuldauer LLP our employment lawyers are experienced and specialized in reviewing and understanding employment contracts and termination provisions. We can help you understand whether your contract precludes you from claiming payment in lieu of you common law right to reasonable notice, or if you are entitled to more.
By Sharni Dhillon B.Sc, J.D., Associate at Aarbo Fuldauer LLP
For more information, please contact the law office of Aarbo Fuldauer LLP at:
Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]
Sharni Dhillon
Barrister & Solicitor
www.aflawyers.ca
*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*
The Alberta Human Rights Act (“AHRA”) was implemented as an instrument to prevent discrimination, or to remedy wrongs done to individuals who provide a service in the public sector. Prohibitions apply to several protected areas and grounds under the AHRA.
The Alberta Court of Appeal and the Court of Queen’s Bench have defined the scope of relationships protected under the Human Rights legislation. As a general rule Courts define the employment relationship within the public sector broadly, purposively and liberally. An employment relationship has been found to exist when an individual “earns their livelihood from the relationship.” Courts have also held that one is an employer to some extent when one controls the ability of another to earn a livelihood.
If you believe that you have been discriminated against or that your rights have been violated our Employment lawyers at Aarbo Fuldauer LLP can assist you in ascertaining whether Human Rights legislation can intervene under the circumstances. We can assist you in determining whether your relationship with your employer is within the purview of Human Rights Legislation and whether the discrimination you’ve suffered is protected under the grounds defined by the Human Rights Commission.
By Sharni Dhillon B.Sc, J.D., Associate at Aarbo Fuldauer LLP
For more information, please contact the law office of Aarbo Fuldauer LLP at:
Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]
Sharni Dhillon
Barrister & Solicitor
www.aflawyers.ca
*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*
Child support payments ensure that children are benefitting from the financial means of their parents. When the payor parent suffers a job loss however, making child support payments becomes onerous and sometimes impossible.
Child support payments are typically based on the previous year’s income because this method simplifies the task of calculating income. This method may not always be fair, and furthermore the Child Support Guidelines do not mandate that child support be determined in this way.
Many factors will be considered in determining the amount of child support you owe, including but not limited to whether or not you received severance payment, whether you were terminated or whether you quit your job, and what the source and amount of your income is while you are unemployed. It is important to note that a parent is not permitted to quit their job or refuse to seek employment in order to avoid paying child support.
Bringing the issue forward as soon as possible is essential. There is an onus upon the payor to deal with the issue early in order to avoid arrears.
If you are unable to make child support payments due to a major shift in financial circumstances, the family law lawyers at Aarbo Fuldauer LLP have the experience and expertise to assist you in varying child support payments in accordance with your present income.
By Sharni Dhillon B.Sc, J.D., Barrister and Solicitor at Aarbo Fuldauer LLP
For more information, please contact the law office of Aarbo Fuldauer LLP at:
Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]
Sharni Dhillon
Barrister & Solicitor
www.aflawyers.ca
*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*
The Human Rights Tribunal of Ontario has ruled that miscarriage suffered by a Markham, Ontario woman was a “disability”. Following a miscarriage, the woman suffered from a ‘severe and debilitating’ depression. The adjudicator stated that a miscarriage is “not a common ailment, and it is certainly not transitory. It is clear from the applicant’s testimony that she continues to experience emotional distress from the miscarriage even today.” Citing her failure to meet performance targets, her employer terminated her employment.
The missed targets related directly to two sets of absences. The first absences stemmed from an injury due to a fall, and the second to deal with her depression due to both the death of a family member and the emotional effects of the miscarriage. The tribunal found miscarriage to be a disability more for the lingering emotional effects rather than merely the physical effects. The emotional effects may persist far longer than the physical effects following a miscarriage.
This ruling expands the obligation of employers to accommodate, as miscarriage is added to the list of disabilities which employers must accommodate without discrimination.
By Sharni Dhillon, Barrister and Solicitor of Aarbo Fuldauer LLP
For more information, please contact the law office of Aarbo Fuldauer LLP at:
Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120
Email: [email protected]
Sharni Dhillon
Barrister & Solicitor
www.aflawyers.ca
*The information contained in this blog is not legal advice. It should not be construed as legal advice and should not be relied upon as such. If you require legal assistance, please contact a lawyer*