First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

release

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The Canada Labour Code & employer releases

Many arbitration decisions have held that it is illegal for the employer to require the employee to sign a release waiving their rights under the Canada Labour Code as a term of a settlement offered at the time of termination.

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A classic lesson regarding termination meetings

A recent case out of British Columbia provides a timely reminder of a best practice for Alberta employers when it comes to termination of an employee. In Saliken v Alpine Aerotech Limited Partnership, 2016 BCSC 832, a relatively short service employee was dismissed, allegedly for just cause.

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Releases may not protect employers from the tenured employee rule

In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.

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