11-24-2010, 08:12 PM
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#56
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Franchise Player
Join Date: Oct 2010
Location: Calgary
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Quote:
Originally Posted by CaramonLS
This? He'll likely win this if he goes to court. Unless there is a documented history of discipline, he likely will get most, if not all of his severance.
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Did a quick search, doesn't this type of behavior fall under both wilful misconduct and dereliction of duty?
Both of these are listed under just causes for termination in Alberta's labour laws
Quote:
Employer Circumstances
There are a number of circumstances where an employer is not required to give notice of termination. Probably the most important of these circumstances is termination for "just cause." Examples of just cause include:
- willful misconduct,
- disobedience, or
- deliberate neglect of duty,
where these actions are not condoned by the employer.
Other circumstances that permit an employer to terminate employment without giving notice include:
- the employee was hired for a definite term or task of less than 12 months, at the end of which the employment terminates (the 12-month limit for term or task does not apply to oil well drilling or geophysical exploration),
- the employee was laid off after refusing an offer by the employer of reasonable alternative work,
- the employee refuses work made available through a seniority system,
- the employee is not provided with work because a strike or lockout is taking place at the employee's place of employment,
- the employee is employed under an agreement by which the employee may elect either to work or not to work for a temporary period when requested by the employer,
- the contract of employment is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer,
- the employee was hired on a seasonal basis and at the end of the season the employment is terminated,
- the employee is on temporary layoff and does not return to work within seven days after being requested to do so, in writing, by the employer,
- the employee is in the construction industry,
- the employee is employed in the cutting, removal, burning or other disposal of trees and/or brush for the primary purpose of clearing land.
When an employee's employment is terminated for 'just cause', the employer must pay all wages, overtime, general holiday pay and vacation pay due the employee within ten days following the date of termination. The employer must be able to support their position that there was just cause for dismissal without notice.
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http://employment.alberta.ca/SFW/1474.html
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