Quote:
Originally Posted by Flame Of Liberty
Lol indeed. Better tell people over Alberta Labour Relations Board:
Q: Is a striking or locked-out employee still considered an employee?
A: Yes. Although employees are not working and are not entitled to pay, they are still considered employees and cannot be terminated simply because of being on strike or locked out.
http://www.alrb.gov.ab.ca/faq_strikes.html |
...i.e., striking is not cause for termination. However, employees may still be terminated without cause (as long as employer pays damages.)
EDIT: Just as a very quick example of circumstances where this has happened:
Quote:
The main issue in this case is whether employees of the respondent TNT Canada Inc. whose employment was terminated while they were engaged in a legal strike are entitled to severance pay under the provisions of the Canada Labour Code, R.S.C., 1985, c.L-2 (the Code).
...
In sum, I am of the opinion that the respondent's failure to provide the striking employees with severance pay violated s.235(1) and constituted an offence under s.256(1) of the Code as charged.
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R. v. TNT Canada Inc., 1996 CanLII 847 (ON CA)
No need to advise the Alberta Labour Relations Board. They are no doubt well aware.
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Last edited by Makarov; 05-07-2013 at 08:17 PM.
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