Personal Representative (Executor) Responsibilities
If you’ve been appointed as an Estate Executor, or Personal Representative, for the first time, it can be daunting to know where to start. The deceased may have left behind a house, bank accounts, RRSPs, investments, bonds, stocks, personal belongings, and other possessions that you’re now responsible for. As the Estate’s Executor, you’re also responsible... Read More
Navigating Workplace Accommodations: Common Questions from Employers
This article will look at two of the most common questions that arise when Alberta employers are attempting to fulfill their duty to accommodate pursuant to the Alberta Human Rights Act. Is the duty to accommodate in Alberta triggered even when an employee has not formally disclosed a disability or need for accommodations? The duty... Read More
Severance Review
Why Do I Need a Severance Review in Alberta? In Alberta, employees are entitled to the minimum amount of notice or pay in lieu of notice under the Employment Standards Code. This is generally referred to as “termination pay.” In addition to these minimums, an employee may be entitled to further compensation pursuant to the... Read More
Termination for Cause in Alberta
What is “Just-Cause” Termination in Alberta? An employee may be terminated for cause if the employer has proof that the employee has engaged in conduct which is serious or egregious enough to undermine the entire employment relationship between the parties. In short, the employer must have proof that the employee’s conduct constituted a “fundamental breach”... Read More
Without Cause Termination in Alberta
What Does It Mean to Be Terminated “Without Cause” in Alberta? When an employee is terminated without cause, it means they are being let go for a reason other than serious workplace misconduct (which would likely qualify as a “for cause” termination). Reasons behind “without cause” termination can include things such as company restructuring, cost-saving... Read More
What is “Reasonable Notice” in Alberta?
Reasonable notice refers to the timeframe an employer must give an employee when their employment is ending, or will otherwise be undergoing significant changes. In Alberta, an employee who has been continuously employed for three months or more on an indefinite employment contract is entitled to the minimum amount of notice as set out in... Read More
Constructive Dismissal
What is Constructive Dismissal in Alberta? A constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term of an employment contract without providing reasonable notice to the employee. Constructive dismissal can also occur when an employer creates, allows or otherwise ignores a toxic, hostile or unsafe work environment. Courts in... Read More
Alberta Wrongful Dismissal: Info for Employees
What is a Wrongful Dismissal in Alberta? Wrongful dismissal occurs when an employee is dismissed or terminated from their employment but are not provided reasonable notice or pay in lieu of notice. In Alberta, the Employment Standards Code sets out the minimum amount of termination notice that must be provided to provincially regulated employees upon... Read More
Personal Representative vs Executor vs Trustee: What’s the Difference?
It’s not uncommon for someone to say that they’re the “Executor” of a loved one’s Estate. You may have also heard of money being held “in trust” by a “Trustee” on behalf of the minor beneficiaries of an Estate. If your Will was drafted by an Alberta Wills & Estates lawyer after 2012, it probably... Read More
Power of Attorney
When people think about Estate Planning, a Will is usually the first document that comes to mind. However, an Enduring Power of Attorney is equally important to a well thought out Estate Plan. There are various types of Powers of Attorney, and the terminology can be confusing. Powers of Attorney are also used outside of... Read More