Navigating Alberta Employment Law: A Practical Guide for Employers

Alberta employers are navigating an increasingly complex employment law landscape, compounded by economic pressures, evolving regulations, and shifting workplace expectations. With recent tariff challenges affecting businesses across industries, cost management and compliance have never been more critical. Alberta employers operate within a dual legal framework—a combination of statutory laws (such as the Alberta Employment Standards Code, the Human Rights Act, and occupational health and safety legislation) and Common Law principles, which courts rely on when adjudicating disputes.

This interplay means that even when an employer follows legislative requirements, they may still face legal liability under Common Law if a court finds that their actions were unreasonable, unfair, or in breach of implied contractual obligations. Understanding statutory and case law precedents is essential for managing workplace risks, minimizing litigation exposure, and ensuring compliance with evolving employer obligations, especially in the current climate.

This blog series offers practical insights, real-world case studies, and expert guidance to help Alberta employers navigate the complexities of employment law while balancing business objectives.

Blog Series Outline

Post 1: Alberta Employment Law – Legal Framework Employers Need to Know

• Overview: Employers often believe compliance with Alberta’s Employment Standards Code (ESC) is sufficient. However, Common Law principles frequently impose greater obligations, particularly in areas like termination notice, constructive dismissal, and severance pay.

• Key Topics:
• How statutes and Common Law interact in employment disputes.
• The Alberta Employment Standards Code and Alberta Human Rights Act: Key employer obligations.
• When Common Law overrides statutory minimums in employment relationships.
• Recent court decisions impacting employer responsibilities.

Post 2: Managing Terminations, Layoffs and Severance – Understanding Statutory and Common Law Obligations

• Overview: Many employers assume that Alberta’s statutory notice requirements are sufficient when dismissing an employee. However, under Common Law, severance obligations are often significantly higher.
  
  
• Key Topics:
• ESC vs. Common Law notice periods: Why courts frequently award more.
• How courts can invalidate termination clauses in contracts.
• Constructive dismissal claims: What employers need to watch for.
• Recent case law on wrongful dismissal damages.

Post 3: Establishing Just Cause Terminations – The Legal Test and Employer Best Practices

• Overview: Dismissing an employee for cause is one of the riskiest employer actions, often leading to wrongful dismissal lawsuits if not handled correctly. Courts apply a high legal threshold for proving cause, often requiring progressive discipline and clear evidence of misconduct.

• Key Topics:
• The legal test for just cause termination under Common Law.
• When statutory termination pay is not required.
• Progressive discipline and procedural fairness considerations.
• Common employer mistakes that lead to successful wrongful dismissal claims.

Post 4: Resignations and Retirement – Employer Risks and Best Practices

• Overview: Voluntary resignations and retirements may seem straightforward, but Alberta courts have ruled that some resignations can be considered wrongful dismissals, triggering severance obligations.
  
  
• Key Topics:
• When a resignation is not legally valid and may be considered a dismissal.
• Employer obligations in managing employee retirements.
• Forced resignations and allegations of constructive dismissal.
• Recent court cases on employer liability in retirement and resignation disputes.

Post 5: Privacy in the Workplace – Balancing Business Needs and Employee Rights

• Overview: With increasing workplace surveillance, remote work, and digital monitoring, privacy issues are becoming a growing legal challenge for employers.
  
  
• Key Topics:
• Employer obligations under Alberta’s Personal Information Protection Act (PIPA).
• Employee monitoring and surveillance: What’s legal and what’s not.
• Privacy concerns for remote work and hybrid workplaces.
• Handling employee data securely to minimize legal risks.

Post 6: Workers’ Compensation and Occupational Health and Safety – Legal

• Overview: Employers must comply with Alberta’s Workers’ Compensation Act (WCA) and Occupational Health and Safety (OHS) legislation, but many are unaware that failure to meet these standards can lead to personal liability for directors and executives.
  
  
• Key Topics:
• Employer obligations under Workers’ Compensation legislation.
• Understanding modified duties and return-to-work programs.
• Common Law liability for workplace injuries beyond workers’ compensation claims.
• Best practices for maintaining compliance with Alberta’s OHS Act.

Post 7: Workplace Discrimination and Harassment – Employer Liability and Prevention Strategies

• Overview: Employers have a duty to prevent workplace discrimination and harassment, but failure to take complaints seriously can lead to substantial financial liability.
  
  
• Key Topics:
• Prohibited grounds of discrimination under Alberta law.
• Employer responsibility in preventing workplace harassment.
• Common Law liability for failing to investigate complaints properly.
• Best practices for anti-harassment and anti-discrimination policies.

Post 8: Navigating the Employment Relationship – Hiring, Contracts, and Policy Pitfalls

• Overview: The foundation of every employment relationship is the employment contract. However, poorly drafted agreements or inconsistent workplace policies can lead to legal disputes and unexpected employer liability.
  
  
• Key Topics:
• Essential contract clauses every Alberta employer should include.
• How courts interpret implied terms in employment contracts.
• The importance of well-drafted workplace policies.
• Common mistakes that lead to job duties, promotions, and benefits disputes.

Post 9: Remote Work and Hybrid Work – Legal Considerations for Employers

• Overview: The shift to remote and hybrid work raises new legal challenges, particularly around constructive dismissal, tracking work hours, and workplace privacy.
  
  
• Key Topics:
• Legal risks of implementing (or revoking) remote work policies.
• Common Law obligations in remote work settings.
• Data privacy, cybersecurity, and employer monitoring rules.
• Best practices for managing remote and hybrid teams.

Post 10: Future Trends in Alberta Employment Law- Preparing for Change

• Overview: Employment law is constantly evolving. Employers must stay ahead of legislative changes, technological advancements, and new case law precedents.
  
  
• Key Topics:
• Potential changes to Alberta’s employment laws.
• The impact of AI, automation, and gig work on employer obligations.
• Trends in employment litigation and wrongful dismissal cases.
• How proactive employers can minimize legal exposure.

Hiring, Culture, and Workforce Management – Legal and Strategic Considerations

Building a strong workforce requires more than just hiring skilled employees—employers must also evaluate cultural fit, mitigate legal risks, and ensure a compliant and inclusive workplace. Failing to conduct proper due diligence during hiring can lead to costly disputes, poor retention, and even reputational damage.

This section of the blog series will cover how Alberta employers can navigate hiring, onboarding, and workplace culture considerations while balancing legal compliance and business objectives.

Post 11: Due Diligence in Hiring – Balancing Skills, Culture, and Compliance

• Overview: Hiring decisions affect not only business performance but also workplace culture, liability risks, and long-term employment law obligations. Employers who rush the process—or fail to conduct thorough pre-employment due diligence—may face legal issues related to misrepresentation, negligent hiring, discrimination claims, or enforceability of employment contracts.

• Key Topics:

• The legal framework for hiring decisions – What employers can and cannot ask in interviews.
• Screening candidates properly – Reference checks, background checks, and legal risks.
• The intersection of skill assessment and workplace culture – Finding the right balance.
• Common Law considerations in employment offers – When an offer letter isn’t enough.
• Best practices for pre-hire risk assessments – Identifying red flags before hiring.

Post 12: Crafting Effective Employment Contracts – Mitigating Legal Risks from Day One

• Overview: Many employment disputes arise from poorly drafted contracts that fail to address termination, non-compete clauses, confidentiality obligations, and changes to job duties. Courts often invalidate restrictive clauses, leaving employers exposed to significant financial and legal risks.

• Key Topics:

• Key clauses every employment contract should include.
• When non-compete and non-solicitation clauses are enforceable in Alberta.
• Defining job duties and performance expectations clearly.
• How poorly drafted contracts lead to constructive dismissal claims.
• Ensuring contracts comply with both statutory law and Common Law principles.

Post 13: Building and Maintaining Workplace Culture – Employer Strategies and Legal Considerations

• Overview: A strong workplace culture is essential for retention, employee engagement, and minimizing workplace conflicts. However, cultural expectations must also align with legal obligations regarding inclusion, fairness, and corporate policies.

• Key Topics:

• The role of leadership in shaping workplace culture.
• Balancing performance expectations with psychological safety.
• Preventing toxic workplace behaviors before they escalate into legal claims.
• Common employer missteps in setting and enforcing workplace values.
• Case law examples of workplace culture issues leading to employer liability.

Post 14: Managing Performance and Workplace Conflicts – Best Practices for Employers

• Overview: Performance management and workplace discipline must be handled fairly and legally—failure to do so may lead to constructive dismissal claims, discrimination complaints, or even reputational harm.

• Key Topics:

• Performance management vs. constructive dismissal – Avoiding legal pitfalls.
• The role of progressive discipline and when it’s necessary.
• Handling workplace conflicts while maintaining compliance with employment laws.
• Documenting employee issues properly to avoid future disputes.
• When and how to involve HR, legal counsel, or external investigators.

Why This Series Matters

Alberta employers must go beyond just meeting statutory requirements—they need to understand how Common Law principles shape workplace rights and obligations.

This series will provide:

• Practical strategies to manage employment law risks.
• Case law insights to help employers avoid legal pitfalls.
• Best practices for hiring, managing, and terminating employees legally.

Stay tuned for our first post in the series, coming soon!

By Juliette Omonigho