Channeling the anger through mediation or litigation.

• Author: Mah, Connie

Virginia worked diligently a company for nearly 2 years. The company was bought up by a larger competitor. There is new management. One morning, Virginia arrives at work to receive a letter stating that her services are no longer required, effective immediately.

At first Virginia is stunned. Then she struggles with loyalty to the original company and growing anger against the unfairness of the new management and owners. Virginia considers commencing an action for wrongful dismissal, but she would prefer to continue working for the company she helped build. What options are available?

Virginia did not receive notice. She did not receive pay in lieu of notice. Virginia's length of employment for the purpose of notice includes the period of employment with the previous owner and the new owner, which is considered continuous employment.

Generally, both employers and employees have the right to terminate employment with sufficient notice of intention to do so. If an employer fails to give adequate notice, the employee is entitled to pay in lieu of notice for the period of notice that should have been given. There are some instances where notice is not required.

In Alberta, if minimum employment standards are breached by an employer, Virginia could channel her anger by filing a complaint with the Employment Standards Office, whose officers investigate complaints and provide mediation between employees and employers to reach settlements. Reinstatement is available only if an employee is terminated while on maternity leave or while subject to garnishment proceedings.

Alternatively, Virginia can sue the employer for wrongful dismissal. This is an action for damages for loss of employment. Generally, a court would not order an employer to reinstate an employee. The main issues are calculating reasonable notice periods for termination and calculating the amount of pay in lieu of notice.

Provincial laws provide minimum employment standards including notice periods and calculations for pay in lieu of notice, but courts may determine reasonable notice to be longer than the minimum standards. There is no fixed formula for determining reasonable notice. Courts examine a myriad of factors instead to determine the appropriate amount of notice and pay in lieu of notice.

In Alberta, the Employment Standards Code (the Code) provides minimum employment standards regarding wages, hours of work, termination of employment, and so forth. The Code applies to almost...